SZSMR v Minister for Immigration and Border Protection [2015] FCA 655

FEDERAL COURT OF AUSTRALIA

SZSMR v Minister for Immigration and Border Protection [2015] FCA 655 Citation: SZSMR v Minister for Immigration and Border Protection [2015] FCA 655

Appeal from: SZSMR v Minister for Immigration and Border Protection [2015] FCCA 33 Parties: SZSMR v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL

File number(s): NSD 138 of 2015

Judge(s): GLEESON J

Date of judgment: 2 July 2015

Catchwords: MIGRATION – where delegate refused application for Protection (Class XA) visa – whether Refugee Review Tribunal erred in affirming delegate's decision – where appellant's claim based on interaction with a 'grease devil' – where appellant said in entry interview that grease devils "paint their faces" – where Tribunal made error of fact by proceeding on the basis that the appellant said that grease devils were covered in paint – where error of fact concerned matter central to appellant's claim – where Tribunal asked appellant to respond to proposition, based on false premise, that he had given contradictory evidence – Tribunal's consideration of claim infected by jurisdictional error – appeal allowed

Legislation: Migration Act 1958 (Cth), ss 46A(2), 65, 91R(2), 476

Cases cited: FTZK v Minister for Immigration and Border Protection [2014] HCA 7 (2014) 310 ALR 1 Glew v Jasper [2010] WASCA 87 Htun v Minister for Immigration and Multicultural Affairs [2001] FCA 1802; (2001) 194 ALR 244 Minister for Immigration and Border Protection v SZSNW [2014] FCAFC 145 Minister for Immigration and Border Protection v WZAPN [2015] HCA 22 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Minogue v Human Rights and Equal Opportunity Commission (1999) 84 FCR 438 MZXSA v Minister for Immigration and Citizenship [2010] FCAFC 123; (2010) 117 ALD 441 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; 144 FCR 1 NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10 Neil v Nott [1994] HCA 23; (1994) 121 ALR 148 Platcher v Joseph [2004] FCAFC 68 Rajski v Scitec Corporation Pty Ltd (unreported, Court of Appeal, NSW, Full Court, No CA 146 of 1986, 16 June 1986) Re Minister for Immigration and Multicultural Affairs, ex parte Durairajasingham (2000) 168 ALR 407 SZNPG v Minister for Immigration and Citizenship [2010] FCAFC 51 SZQRW v Minister for Immigration and Citizenship [2012] FCAFC 164; (2012) 134 ALD 454 SZSMR v Minister for Immigration and Border Protection [2015] FCCA 33 SZSNW v Minister for Immigration and Border Protection [2014] FCAFC 145 Tran v Minister for Immigration [2004] FCAFC 297 Vaeula v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 147 VTAG v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 91; (2005) 141 FCR 291 VWFW v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 29 WAEE v Minister for Immigration [2003] FCAFC 184; (2003) 75 ALD 630 WZAPN v Minister for Immigration and Border Protection [2014] FCA 947