MZAES v Minister for Immigration and Border Protection [2015] FCA 1133

FEDERAL COURT OF AUSTRALIA

MZAES v Minister for Immigration and Border Protection [2015] FCA 1133 Citation: MZAES v Minister for Immigration and Border Protection [2015] FCA 1133

Appeal from: MZAES v Minister for Immigration & Anor [2015] FCCA 307

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

File number: VID 193 of 2015

Judge: MURPHY J

Date of judgment: 23 October 2015

Catchwords: MIGRATION – application for protection visa – review of decision of Refugee Review Tribunal – appeal from judgment of Federal Circuit Court –leave to bring fresh grounds of appeal - whether Tribunal failed to understand and consider appellant's claim that he was personally threatened with harm - whether appellant's claim evolved such that he abandoned the claim that he was personally threatened with harm - whether Tribunal misconstrued the appellant's claim and based its conclusion upon the claim so misconstrued – whether the Tribunal failed to consider a substantial and clearly articulated argument that relied on established facts – whether claim supported by probative material – whether the Tribunal's failure to understand the appellant's claim that he was personally threatened with harm resulted in failure to properly consider the issue of relocation – jurisdictional error established – appeal allowed

Cases cited: Coulton and Others v Holcombe and Others (1986) 162 CLR 1 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 Hird v Chief Executive Officer of the Australian Sports Anti-Doping Authority (2015) 227 FCR 95; [2015] FCAFC 7 Hunter Valley Development Pty Ltd v Cohen (1984) 3 FCR 344 Iyer v Minister for Immigration and Multicultural and Indigenous Affairs [2000] FCAFC 1788 NABE v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) 144 FCR 1; 219 ALR 27; [2004] FCAFC 263 NAJT v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 134; 147 FCR 51 O'Brien and Others v Komesaroff (1982) 150 CLR 310 Siegwerk Australia Pty Ltd (in liq) v Nuplex Industries (Australia) Pty Ltd (2013) 305 ALR 412 SZSSC v Minister for Immigration and Border Protection (2014) 317 ALR 365; [2014] FCA 863 SZTDY v Minister for Immigration and Border Protection (2015) 145 ALD 381; [2015] FCA 303 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158 WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 75 ALD 630; [2003] FCAFC 184 Water Board v Moustakas (1988) 180 CLR 491