WZAQU v Minister for Immigration and Citizenship [2013] FCA 327

FEDERAL COURT OF AUSTRALIA

WZAQU v Minister for Immigration and Citizenship [2013] FCA 327 Citation: WZAQU v Minister for Immigration and Citizenship [2013] FCA 327

Appeal from: WZAQU v Minister for Immigration & Anor [2012] FMCA 925

Parties: WZAQU v MINISTER FOR IMMIGRATION AND CITIZENSHIP and ANN CUNNINGHAM IN HER CAPACITY AS INDEPENDENT PROTECTION ASSESSMENT REVIEWER

File number: NSD 1682 of 2012

Judge: FLICK J

Date of judgment: 12 April 2013

Catchwords: MIGRATION – review by Independent Protection Assessor – failure to consider claims made ADMINISTRATIVE LAW – onus - failure to take into account a claim made – need for an active intellectual process of consideration – reasons fail to disclose such consideration – construction of reasons by reference to transcript – relevance of any delay between interview and decision – relevance to findings of credit

Legislation: Migration Act 1958 (Cth) ss 5, 46A,189

Cases cited: Craig v South Australia (1995) 184 CLR 163 Dranichnikov v Minister for Immigration and Citizenship [2003] HCA 26, 77 ALJR 1088 Htun v Minister for Immigration and Multicultural Affairs [2001] FCA 1802, 194 ALR 244 Minister for Immigration and Citizenship v MZYNN [2012] FCA 1177 Minister for Immigration and Citizenship v MZYRI [2012] FCA 1107 Minister for Immigration and Citizenship v SZGUR [2011] HCA 1, 241 CLR 594 Minister for Immigration and Ethnic Affairs v Guo Wei Rong (1997) 191 CLR 559 Minister for Immigration and Ethnic Affairs v Liang (1996) 185 CLR 259 MZYOI v Minister for Immigration and Citizenship [2012] FCA 868, 130 ALD 256 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263, 144 FCR 1 NAIS v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 77, 228 CLR 470 NAJT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 134, 147 FCR 51 Plaintiff M61/2010E v The Commonwealth of Australia [2010] HCA 41, 243 CLR 319 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63, 228 CLR 152 SZFNX v Minister for Immigration and Citizenship [2010] FCA 562, 16 ALD 85 SZQFC v Minister for Immigration and Citizenship [2012] FCA 409, 126 ALD 530 SZQLS v Minister for Immigration and Citizenship [2012] FCA 1274 SZRHH v Minister for Immigration and Citizenship [2012] FCA 1424 Tickner v Chapman (1995) 57 FCR 451 WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184