MZYUL v Minister for Immigration and Citizenship [2013] FCA 584

FEDERAL COURT OF AUSTRALIA

MZYUL v Minister for Immigration and Citizenship [2013] FCA 584 Citation: MZYUL v Minister for Immigration and Citizenship [2013] FCA 584

Appeal from: MZYUL v Minister for Immigration and Citizenship [2012] FMCA 799

Parties: MZYUL v MINISTER FOR IMMIGRATION AND CITIZENSHIP and R LAYTON IN HER CAPACITY AS INDEPENDENT MERITS REVIEWER

File number: VID 768 of 2012

Judge: BROMBERG J

Date of judgment: 14 June 2013

Catchwords: ADMINISTRATIVE LAW – migration appeal – refugees – recommendation by reviewer that appellant should not be recognised as a person to whom Australia has protection obligations under the Refugees Convention – whether reviewer failed to accord procedural fairness to the appellant – whether primary Judge erred in refusing relief – whether no evidence before reviewer to support finding made as to the extent of likely harm which the appellant would face on return to Iran – whether the finding concerned a fact which is an essential precondition to the exercise of the jurisdiction in relation to which the recommendation was made – whether as a consequence reviewer failed to proceed by reference to correct legal principles correctly applied – whether Court should decline relief – appeal allowed – declarations made.

Legislation: Migration Act 1958 (Cth) ss 36, 36(2), 46A(1), 46A(2), 65, 91R(1)(b), 91R(1)(c)

Cases cited: MZYUL v Minister for Immigration and Citizenship [2012] FMCA 799 Plaintiff M61/2010E v The Commonwealth (2010) 243 CLR 319 Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594 Re Refugee Review Tribunal and Another; ex parte Aala (2000) 204 CLR 82 VAAD v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 117 Kioa v West (1985) 159 CLR 550 Dunghutti Elders Council (Aboriginal Corporation) RNTBC v Registrar of Aboriginal and Torres Strait Islander Corporations (2011) 195 FCR 318 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1 Stead v State Government Insurance Commission (1986) 161 CLR 141 Applicant NAFF of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 221 CLR 1 Lee v Minister for Immigration and Citizenship (2007) 159 FCR 181 SZBYR v Minister for Immigration and Citizenship (2007) 81 ALJR 1190 House v R (1936) 55 CLR 499 Skiwing Pty Ltd v Trust Co of Australia (t/as Stockland Properties Management) [2006] NSWCA 276 Minister for Immigration and Multicultural Affairs v Rajamanikkam (2002) 210 CLR 222 SZRCI v Minister for Immigration and Citizenship (No 2) [2012] FCA 1291 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 VAAW of 2001 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 202 Australian Retailers Association v Reserve Bank of Australia (2005) 148 FCR 446 SZFWB v Minister for Immigration and Citizenship [2007] FCA 167 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB (2004) 78 ALJR 992 Shop, Distributive and Allied Employees Association v National Retail Association (No 2) (2012) 205 FCR 227 WAJS v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 139