SZVVR v Minister for Immigration and Border Protection [2016] FCA 1364

FEDERAL COURT OF AUSTRALIA

SZVVR v Minister for Immigration and Border Protection [2016] FCA 1364 Appeal from: SZVVR & Ors v Minister for Immigration & Anor [2016] FCCA 1137

File number: NSD 855 of 2016

Judge: COLLIER J

Date of judgment: 17 November 2016

Catchwords: MIGRATION – appeal from decision of Federal Circuit Court – first appellant teacher in China – first appellant claimed to fear persecution in China – alleged membership of educational society (the Society) opposing ideological indoctrination of children in China – first appellant "detested" enforced teaching of Communist ideologies to primary school children – Tribunal not satisfied Society existed – Tribunal found first appellant not credible witness – whether Tribunal failed to consider "integer" of appellants' claim – whether first appellant's political opinion an integer of the appellants' claim – nothing to indicate Tribunal formed view about first appellant's political opinion – jurisdictional error – appeal allowed

Legislation: Migration Act 1958 (Cth) s 65

Cases cited: Applicant M31 of 2002 v Minister for Immigration and Multicultural & Indigenous Affairs [2004] FCA 533 Applicant WAEE v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 236 FCR 593 Htun v Minister for Immigration (2001) 233 FCR 136 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 SZTQP v Minister for Immigration and Border Protection [2015] FCAFC 121 Tickner v Chapman (1995) 57 FCR 451 V v Minister for Immigration and Ethnic Affairs (1999) 92 FCR 355