WZAPN v Minister for Immigration and Border Protection [2014] FCA 947

FEDERAL COURT OF AUSTRALIA

WZAPN v Minister for Immigration and Border Protection [2014] FCA 947 Citation: WZAPN v Minister for Immigration and Border Protection [2014] FCA 947

Appeal from: WZAPN v Minister for Immigration & Anor [2013] FMCA 6

Parties: WZAPN v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and GRAHAM BARTER IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER

File number: WAD 380 of 2013

Judge: NORTH J

Date of judgment: 3 September 2014

Corrigendum: 5 November 2014

Catchwords: MIGRATION – application for extension of time within which to file an appeal from a judgment of the Federal Magistrates Court affirming reviewer's recommendation not to grant the applicant a protection visa – applicant is an undocumented Faili Kurd from Iran – reviewer found that the applicant had a genuine fear of arbitrary detention and denial of basic rights by the Basij, and that there was a real chance this treatment would occur – reviewer found that treatment did not constitute serious harm and was not for a Convention reason – s 91R(1)(b) and (2)(a) – whether second respondent erred in asking whether the harm suffered by the applicant was 'sufficiently serious' to constitute serious harm pursuant to the Act – whether procedural unfairness in finding that detention was pursuant to a law or policy of general application, and that such law or policy was appropriate and adapted in the manner referred to in Applicant S v MIMA (2004) 217 CLR 387

Legislation: Australian Human Rights Commission Act 1986 (Cth) s 3 Migration Act 1958 (Cth) s 91R Convention Relating to the Status of Refugees 1951 International Covenant on Civil and Political Rights 1966 Protocol Relating to the Status of Refugees 1967