Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MZYVM v Minister for Immigration and Citizenship [2013] FCA 79 Citation: MZYVM v Minister for Immigration and Citizenship [2013] FCA 79
Appeal from: MZYVM v Minister for Immigration & Anor [2012] FMCA 762
Parties: MZYVM v MINISTER FOR IMMIGRATION AND CITIZENSHIP and CHRISTOPHER KEHER IN HIS CAPACITY AS AN INDEPENDENT MERITS REVIEWER
File number: VID 714 of 2012
Judge: DODDS-STREETON J
Date of judgment: 13 February 2013
Catchwords: MIGRATION – appellant belonged to Liberation Tigers of Tamil Eelam ("LTTE") in Sri Lanka – appellant reported on and warned suspected informers and civilians – Independent Merits Reviewer ("IMR") found appellant was excluded from the Refugees Convention by Art 1F – serious reasons to consider he was complicit in murder committed by the LTTE – whether IMR's failure to put country information denied appellant procedural fairness
Legislation: United Nations Refugees Convention of 1951, as amended by the Refugees Protocol of 1967 ("the Convention"), Art 1A(2) and Art 1F Rome Statute of the International Criminal Court 1998, Art 7(1)(a)
Cases cited: Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 225 CLR 88 considered Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 considered Darabi v Minister for Immigration & Citizenship [2011] FMCA 371 cited F Hoffman-La Roche and Co AG v Secretary of State for Trade and Industry [1975] AC 295 cited Kioa v West (1985) 159 CLR 550 considered Muin v Refugee Review Tribunal (2002) 68 ALD 257 cited NIB Health Funds Ltd v Private Health Insurance Administration Council [2002] FCA 40 considered Plaintiff M61/2010E v Commonwealth (2010) 243 CLR 319 considered Somaghi v Minister for Immigration, Local Government and Ethnic Affairs (1991) 31 FCR 100 cited SHCB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 229 considered SHCB v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 133 FCR 561 cited SZCWP v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 9 considered WAKN v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 138 FCR 579 considered Attorney General v Tamil X [2010] NZSC 107; [2011] 1 NZLR 721 considered
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