SZRQT v Minister for Immigration and Citizenship [2013] FCA 540

FEDERAL COURT OF AUSTRALIA

SZRQT v Minister for Immigration and Citizenship [2013] FCA 540 Citation: SZRQT v Minister for Immigration and Citizenship [2013] FCA 540

Appeal from: SZRQT v Minister for Immigration and Citizenship & Anor [2012] FMCA 1183

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

File number: NSD 13 of 2013

Judge: FLICK J

Date of judgment: 5 June 2013

Catchwords: ADMINISTRATIVE LAW – judicial review and merits review – judicial observations as to credit findings – consistency in decision-making – unreasonableness as an invitation to merits review - irrationality MIGRATION – claim for refugee status rejected

Legislation: Constitution s 75(v) Migration Act 1958 (Cth) ss 36, 476

Cases cited: Attorney-General (NSW) v Quin (1990) 170 CLR 1 LVR (WA) Pty Ltd v Administrative Appeals Tribunal [2011] FCA 1146, 55 AAR 518 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16, 266 ALR 367 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317 Minister for Immigration and Ethnic Affairs v Liang (1996) 185 CLR 259 MZYOA v Minister for Immigration and Citizenship [2012] FCA 1462 NAVQ v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 3 Patel v Minister for Immigration and Citizenship [2013] FCA 97 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 Powerco Ltd v Commerce Commission [2006] NZHC 662 R v District Court of the Metropolitan District Holden at Sydney; Ex parte White (1966) 116 CLR 644 Re Refugee Review Tribunal & Anor; ex parte Aala (2000) 204 CLR 82 SFGB v Minister for Immigration and Multicultural and Indigenous Affairs (2003) FCAFC 231 Burmerster and Mezzi, Proportionality: A Fashionable and Dangerous Doctrine, Or an Essential Safeguard Against Abuse of Power, in Pearson (ed), Administrative Law: Setting the Pace or Being Left Behind? (1997) 145