MZZUQ v Minister for Immigration and Border Protection [2015] FCA 157

FEDERAL COURT OF AUSTRALIA

MZZUQ v Minister for Immigration and Border Protection [2015] FCA 157 Citation: MZZUQ v Minister for Immigration and Border Protection [2015] FCA 157

Appeal from: MZZUQ v Minister for Immigration & Anor [2014] FCCA 2308

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

File number: VID 653 of 2014

Judge: GILMOUR J

Date of judgment: 4 March 2015

Catchwords: MIGRATION – application for protection visa – appeal from decision of Federal Circuit Court of Australia – fear of persecution on basis of imputed political opinion – whether Tribunal fell into jurisdictional error in failing to undertake inquiries of its own – obligation on Tribunal to make further inquiries – failure to identify what inquiry or investigation the Tribunal should undertake – appeal dismissed. PRACTICE AND PROCEDURE – fresh evidence in appeal proceedings – Court's discretion under s 27 of the Federal Court of Australia Act 1976 (Cth) to receive fresh evidence – explanation for why documents were not adduced in the court appealed from – relevance and weight of evidence – evidence not admitted

Legislation: Migration Act 1958 (Cth) Federal Court of Australia Act 1976 (Cth) s 27 Federal Court Rules 2011 (Cth) r 36.57

Cases cited: Chava v Minister for Immigration and Border Protection (2014) 141 ALD 433 Minister for Immigration and Border Protection v SZRTF [2013] FCA 1377 Minister for Immigration and Citizenship v Le (2007) 164 FCR 151 Minister for Immigration and Citizenship v MZYHS (2011) 119 ALD 534 Minister for Immigration and Citizenship v SZIAI (2009) 111 ALD 15 Minister for Immigration and Citizenship v SZJSS (2010) 243 CLR 164 Sami v Minister for Immigration and Citizenship (2013) 139 ALD 1 SZJMG v Minister for Immigration and Citizenship [2008] FCA 1145 SZOYH v Minister for Immigration and Citizenship (2012) 128 ALD 554 Date of hearing: 26 February 2015