SZSZM v Minister for Immigration and Border Protection [2014] FCA 984

FEDERAL COURT OF AUSTRALIA

SZSZM v Minister for Immigration and Border Protection [2014] FCA 984 Citation: SZSZM v Minister for Immigration and Border Protection [2014] FCA 984

Appeal from: SZSZM v Minister for Immigration & Anor [2014] FCCA 741

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

File number: NSD 429 of 2014

Judge: KATZMANN J

Date of judgment: 12 September 2014

Catchwords: MIGRATION – protection visa – appellant a non-citizen with criminal record for drug and other offences in Australia – whether Refugee Review Tribunal imposed a requirement on the appellant to avoid persecution in Pakistan – whether the appellant's concerns about his criminal and drug history were an integer of his claims to fear persecution for a Convention reason – Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473

Legislation: Migration Act 1958 (Cth) ss 36, 36(2), 36(2)(aa), 36(2A), 36(2B), 36(3), 65, 91R(2)(d)

Cases cited: Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473 G v Minister for Immigration & Multicultural Affairs [2000] FCA 1595 H v Minister for Immigration and Multicultural Affairs (2000) 63 ALD 43 Minister for Immigration and Border Protection v SZSCA (2013) 308 ALR 18 Minister for Immigration & Multicultural & Indigenous Affairs v VWBA [2005] FCAFC 175 NALZ v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 140 FCR 270 O'Brien v Komesaroff (1982) 150 CLR 310 SZATV v Minister for Immigration and Citizenship (2007) 233 CLR 18