SZQXV v Minister for Immigration and Citizenship [2013] FCA 124

FEDERAL COURT OF AUSTRALIA

SZQXV v Minister for Immigration and Citizenship [2013] FCA 124 Citation: SZQXV v Minister for Immigration and Citizenship [2013] FCA 124

Appeal from: SZQXV v Minister for Immigration and Citizenship & Anor [2012] FMCA 389

Parties: SZQXV v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

File number: NSD 765 of 2012

Judge: BARKER J

Date of judgment: 25 February 2013

Catchwords: MIGRATION – appellant claimed well-founded fear of persecution on account of her Catholic religion in China –whether Tribunal committed jurisdictional error in overlooking an aspect of appellant's claim

Legislation: Migration Act 1958 (Cth) s 430

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 75 ALD 630 Htun v Minister for Immigration and Multicultural Affairs [2001] FCA 1802; (2001) 194 ALR 244 Minister for Immigration and Citizenship v SZLSP [2010] FCAFC 108; (2010) 187 FCR 362 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; (2004) 144 FCR 1 Re Minister for Immigration and Multicultural Affairs; ex parte Durairajasingham [2001] HCA 1; (2001) 58 ALD 609 SZQXV v Minister for Immigration and Citizenship [2012] FMCA 389 WAJW v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 330