MZYYU v Minister for Immigration and Citizenship [2014] FCA 98

FEDERAL COURT OF AUSTRALIA

MZYYU v Minister for Immigration and Citizenship [2014] FCA 98 Citation: MZYYU v Minister for Immigration and Citizenship [2014] FCA 98

Appeal from: MZYYU v Minister for Immigration & Anor [2013] FMCA 33

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

File number: VID 97 of 2013

Judge: BROMBERG J

Date of judgment: 19 February 2014

Catchwords: MIGRATION – application for judicial review – whether Federal Circuit Court failed to identify error in decision of Refugee Review Tribunal ("the Tribunal") – whether conduct of the Tribunal demonstrated bias – whether absence of past harm suffered by relatives of appellant an irrelevant consideration – whether a finding in relation to credit can found a conclusion of jurisdictional error – whether adverse credibility findings were illogical or irrational – whether complementary protection criteria properly addressed by the Tribunal – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 36(2), 65, 476

Cases cited: MZYYU v Minister for Immigration & Anor [2013] FMCA 33 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 SLMB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 129 Re Refugee Review Tribunal; Ex parte H (2001) 75 ALJR 982 Minister for Immigration and Citizenship v SZQHH (2012) 200 FCR 223 SZRUI v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCAFC 80 Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 77 ALJR 1165 Minister for Immigration and Citizenship v SZIAI (2009) 83 ALJR 1123 SZMJM v Minister for Immigration and Citizenship [2010] FCA 309 Minister for Immigration and Citizenship v SZLSP (2010) 187 FCR 362 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99