MZZQV v Minister for Immigration and Border Protection [2015] FCA 533

FEDERAL COURT OF AUSTRALIA

MZZQV v Minister for Immigration and Border Protection [2015] FCA 533 Citation: MZZQV v Minister for Immigration and Border Protection [2015] FCA 533

Appeal from: MZZQV v Minister for Immigration and Border Protection & Anor [2014] FCCA 1912

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

File number: VID 546 of 2014

Judge: BARKER J

Date of judgment: 29 May 2015

Catchwords: MIGRATION – application for protection (class XA) visa – appellant claimed to fear serious harm due to family's political opinions and involvement in activities supporting army – appellant claimed unreasonable for him to relocate within country because of ethnicity and lack of family support – whether Tribunal failed to consider lack of family support in assessing reasonableness of relocation

Legislation: Migration Act 1958 (Cth) s 36(2)(a), s 36(2)(aa), s 420(1) Convention relating to the Status of Refugees (1951) as amended by the Protocol relating to the Status of Refugees (1967)

Cases cited: Minister for Immigration and Border Protection v CZBP [2014] FCAFC 105 Minister for Immigration and Border Protection v MZYTS (2013) 136 ALD 547; [2013] FCAFC 114 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323; [2001] HCA 30 MZZQV v Minister for Immigration and Border Protection & Anor [2014] FCCA 1912 NAIZ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 37 Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437; [1994] FCA 535 SYLB v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 87 ALD 498; [2005] FCA 942 SZATV v Minister for Immigration (2007) 233 CLR 18; [2007] HCA 40 SZSUY v Minister for Immigration and Border Protection [2014] FCCA 1 Januzi v Secretary of State for Home Department [2006] 2 AC 426