SZTFI v Minister for Immigration and Border Protection [2015] FCA 322

FEDERAL COURT OF AUSTRALIA

SZTFI v Minister for Immigration and Border Protection [2015] FCA 322 Citation: SZTFI v Minister for Immigration and Border Protection [2015] FCA 322

Appeal from: SZTFI & Anor v Minister for Immigration & Anor [2014] FCCA 740

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

File number: NSD 439 of 2014

Judge: PERRY J

Date of judgment: 8 April 2015

Catchwords: MIGRATION – appeal from Federal Circuit Court dismissing application for judicial review of Refugee Review Tribunal decision – where claim to fear persecution by reason of actual/imputed political opinion - whether Tribunal properly applied 'real chance' test – whether generalised findings embraced particular claim to fear risk of harm – where Tribunal considered risk of harm in leaving country of nationality only at time of departure - where failure to consider whether unexplained absence from State employment for significant period may give rise to risk of persecution when assessed with claims assumed as correct – where Tribunal's failure to consider fear of future persecution following lengthy absence from employment amounted to jurisdictional error MIGRATION – whether real risk that appellant will suffer significant harm engaging complementary protection obligations – whether failure to consider clearly articulated claim – where Tribunal correct to proceed on basis that appellant's claims to fear persecution as a spy failed for the same reasons as his imputed political opinion claims MIGRATION –whether primary judge erred in considering whether the claim to fear persecution took the form of repressed behaviour about which the appellant desired to be more open –where correct approach is to consider the appellant's reasons for keeping his political opinions to himself if returned