Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MZYVA v Minister for Immigration and Citizenship [2013] FCA 50 Citation: MZYVA v Minister for Immigration and Citizenship [2013] FCA 50
Appeal from: MZYVA & MZYVB v Minister for Immigration and Citizenship [2012] FMCA 787
Parties: MZYVA and MZYVB v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number: VID 685 of 2012
Judge: DODDS-STREETON J
Date of judgment: 6 February 2013
Catchwords: MIGRATION – where Refugee Review Tribunal ("Tribunal") found inconsistencies between the appellant's oral evidence, written statement and supporting documents – whether Tribunal acted in a manifestly unreasonable way when dealing with appellant's claim – whether Tribunal ignored aspects of the claimed persecution or harm – whether Federal Magistrate considered Tribunal's reasons and findings – grounds not established – appeal dismissed
Legislation: 1951 Convention Relating to the Status of Refugees as amended by the 1967 Protocol Relating to the Status of Refugees, Art 1A(2) Migration Act 1958 (Cth), ss 36(2)(a), 36(2)(b), 65(1), 91R, 424A, 424AA, 425
Cases cited: Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 cited Minister for Immigration and Multicultural and Indigenous Affairs v VSAF of 2003 [2005] FCAFC 73 cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited NADR v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 167 cited Nagalingam v Minister for Immigration, Local Government and Ethnic Affairs (1992) 38 FCR 191 cited Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155 cited Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 cited Re Minister for Immigration and Multicultural Affairs; ex parte Durairajasingham (2000) 168 ALR 407 cited SJSB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 225 cited SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 cited SZMCD v Minister for Immigration and Citizenship (2009) 174 FCR 415 cited
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