Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZRQF v Minister for Immigration and Border Protection [2014] FCA 7 Citation: SZRQF v Minister for Immigration and Border Protection [2014] FCA 7
Appeal from: SZRQF v Minister for Immigration and Citizenship [2013] FMCA 61
Parties: SZRQF v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and MICHAEL GRIFFIN IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER
File number: NSD 390 of 2013
Judge: NICHOLAS J
Date of judgment: 17 January 2014
Catchwords: MIGRATION – Independent Merits Review (IMR) – whether reviewer failed to take into account relevant considerations – whether reviewer required to take into account claimant's preference for Persian language over Kurdish Faili language when evaluating claimant's prior statements – whether reviewer's error as to claimant's preferred language constituted legal error – whether reviewer's error had any significance to outcome of IMR.
Legislation: 1951 Convention Relating to the Status of Refugees as amended by the 1967 Protocol Relating to the Status of Refugees Migration Act 1958 (Cth) ss 36, 46A and 195A
Cases cited: Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 Plaintiff M61/2010E v Commonwealth (2010) 243 CLR 319
Date of hearing: 17 May 2013
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