DZADQ v Minister for Immigration and Border Protection [2014] FCA 754

FEDERAL COURT OF AUSTRALIA

DZADQ v Minister for Immigration and Border Protection [2014] FCA 754 Citation: DZADQ v Minister for Immigration and Border Protection [2014] FCA 754

Appeal from: DZADQ v Minister for Immigration & Anor [2014] FCCA 85

Parties: DZADQ v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL

File number: NTD 6 of 2014

Judge: MANSFIELD J

Date of judgment: 24 July 2014

Catchwords: MIGRATION – refugees – refusal to grant a protection (class XA) visa – review by Refugee Review Tribunal – procedural fairness – jurisdictional error – no genuine consideration of the risk of serious harm exposed to the appellant if he returned to Pakistan – numeral analysis alone is insufficient to assess risk – no consideration of the fundamental issue of relocation.

Legislation: Migration Act 1958 (Cth)

Cases cited: DZADQ v Minister for Immigration and Border Protection [2014] FCCA 85 reversed SZBEL v Minister for Immigration and Indigenous Affairs (2006) 228 CLR 152 applied Minister for Immigration and Citizenship v Khadgi [2010] FCAFC 145 applied Applicant WAEE v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 184 applied SZHKA v Minister for Immigration and Citizenship (2008) 172 FCR 1 cited Minister for Immigration and Citizenship v SZIAI (2009) 258 ALR 429 cited Minister for Immigration and Citizenship v Khadgi (2010) 190 FCR 218 cited SZRLO v Minister for Immigration and Border Protection [2013] FCA 825 cited Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 applied Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 applied Minister for Immigration and Ethnic Affairs v Guo Wei Rong (1997) 191 CLR 599 applied SZATV v Minister for Immigration and Citizenship (2007) 233 CLR 18 applied