DZABK v Minister for Immigration and Citizenship [2013] FCA 328

FEDERAL COURT OF AUSTRALIA

DZABK v Minister for Immigration and Citizenship [2013] FCA 328 Citation: DZABK v Minister for Immigration and Citizenship [2013] FCA 328

Appeal from: DZABK v Minister for Immigration & Anor [2012] FMCA 1035

Parties:- DZABK v MINISTER FOR IMMIGRATION AND CITIZENSHIP and DOMINIC LENNON IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER

File number: NTD 42 of 2012

Judge: FLICK J

Date of judgment: 12 April 2013

Catchwords: MIGRATION – alleged failure to consider a claim – claim for State protection - claims resolved – no failure to consider claims made

Legislation: Constitution s 75(v)

Cases cited: 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 2 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 Multicultural Affairs v Respondents S152/2003 [2004] HCA 18, 222 CLR 1 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 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 SZQFC v Minister for Immigration and Citizenship [2012] FCA 409, 126 ALD 530 SZQGU v Minister for Immigration and Citizenship [2012] FCA 340 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 WZAQU v Minister for Immigration and Citizenship [2013] FCA 327