MZYUV v Minister for Immigration and Citizenship [2013] FCA 498

FEDERAL COURT OF AUSTRALIA

MZYUV v Minister for Immigration and Citizenship [2013] FCA 498 Citation: MZYUV v Minister for Immigration and Citizenship [2013] FCA 498

Appeal from: MZYUV v Minister for Immigration & Anor [2012] FMCA 906

Parties: MZYUV v MINISTER FOR IMMIGRATION AND CITIZENSHIP and DAVID CORRIGAN (IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER)

File number: VID 821 of 2012

Judge: GORDON J

Date of judgment: 28 May 2013

Catchwords: MIGRATION – application for asylum – independent merits review – adverse credit finding – corroborating evidence before the reviewer – reviewer dismissed corroborating evidence without considering it on basis that "the well was poisoned" – whether failure to consider the corroborating evidence amounted to jurisdictional error – dismissal of evidence distinguished from failure to advert to evidence MIGRATION – application for asylum – well-founded fear of persecution – relevance of alternative routes of travel which, although not used by the appellant, were safe – extent to which asylum seekers can be required to modify their behaviour to avoid persecutory harm – distinction where modifications to behaviour are to avoid harm generally, not harm of a persecutory nature

Legislation: Federal Court Rules 2011 (Cth) Migration Act 1958 (Cth) Convention Relating to the Status of Refugees 1951 opened for signature 28 July 1951, 189 UNTS 137 (entered into force 22 April 1954) Protocol Relating to the Status of Refugees 1967 opened for signature on 31 January 1967, 606 UNTS 267 (entered into force 4 October 1967)