SZRHL v Minister for Immigration and Citizenship (now Minister for Immigration and Border Protection) [2013] FCA 1093

FEDERAL COURT OF AUSTRALIA

SZRHL v Minister for Immigration and Citizenship (now Minister for Immigration and Border Protection) [2013] FCA 1093 Citation: SZRHL v Minister for Immigration and Citizenship (now Minister for Immigration and Border Protection) [2013] FCA 1093

Appeal from: SZRHL & Anor v Minister for Immigration & Anor [2012] FMCA 826

Parties: SZRHL and SZRHM v MINISTER FOR IMMIGRATION AND CITIZENSHIP (NOW MINISTER FOR IMMIGRATION AND BORDER PROTECTION) and REFUGEE REVIEW TRIBUNAL

File number: NSD 1821 of 2012

Judge: LOGAN J

Date of judgment: 23 October 2013

Catchwords: MIGRATION – Judicial review – Appeal from Federal Magistrates Court (now Federal Circuit Court) – Protection visa – Failure to apprehend document of critical importance to Appellants' case – whether the Refugee Review Tribunal (the Tribunal) impermissibly acted on a factual error about the first appellant's criminal background – whether the Tribunal's credibility finding in respect of the first appellant was based on a false factual premise – Held error in fact finding amounting to jurisdictional error – appeal allowed

Legislation: Convention relating to the Status of Refugees (done at Geneva on 28 July 1951) 189 UNTS 137 Protocol relating to the Status of Refugees (done at New York on 31 January 1967) 6060 UNTS 267 Migration Act 1958 (Cth) ss 48, 424A(1)(a)

Cases cited: Attorney-General (NSW) v Quin (1990) 170 CLR 1 applied Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 1088 considered HTUN v Minister for Immigration and Multicultural Affairs [2001] FCA 1802 cited Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 followed Minister for Immigration v Yusuf (2001) 206 CLR 323 applied Minister for Immigration and Citizenship v Li (2013) 87 ALJR 618 followed Minister for Immigration and Citizenship v SZNPG (2010) 115 ALD 303 cited Minister for Immigration and Multicultural Affairs: Ex parte Durairajasingham (2000) 74 ALJR 405 applied Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 applied MZXSA v Minister for Immigration and Citizenship (2010) 117 ALD 441 considered NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 cited Re Refugee Review Tribunal ex parte Aala (2000) 204 CLR 82 applied Stead v State Government Insurance Commission (1986) 161 CLR 141 applied SZLGP v Minister for Immigration and Citizenship (2009) 181 FCR 113 considered SZQRW v Minister for Immigration and Citizenship (2012) 134 ALD 454 considered VAAD v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 117 considered Forbes JRS, Justice in Tribunals (3rd ed, Federation Press, 2010)