Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MZZER v Minister for Immigration and Border Protection [2013] FCA 1244 Citation: MZZER v Minister for Immigration and Border Protection [2013] FCA 1244
Appeal from: MZZER v Minister for Immigration & Anor [2013] FCCA 789
Parties: MZZER v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL
File number: VID 791 of 2013
Judge: MARSHALL J
Date of judgment: 22 November 2013
Catchwords: MIGRATION – judicial review – jurisdictional error – whether the Tribunal misconstrued the "real chance" test in finding that the applicant did not have a well-founded fear of persecution – where the Tribunal accepted that the appellant belonged to a social group of "wealthy Tamil businessmen" – where independent country information indicated that some members of this group had been targeted for extortion but the Tribunal did not accept that the appellant had been targeted or threatened as claimed – appeal dismissed.
Legislation: Migration Act 1958 (Cth) s 36(2)(aa)
Cases cited: Chan Yee Kin v Minister for Immigration and Ethnic Affairs [1989] HCA 62; (1989) 169 CLR 379 Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473
Date of hearing: 7 November 2013
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 21
Counsel for the Appellant: Mr N Wood
Solicitor for the Appellant: Ravi James Lawyers
Counsel for the First Respondent: Mr M Smith
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