DZAEK v Minister for Immigration and Border Protection [2017] FCA 247

FEDERAL COURT OF AUSTRALIA

DZAEK v Minister for Immigration and Border Protection [2017] FCA 247 Appeal from: DZAEK & Ors v Minister for Immigration & Anor [2016] FCCA 1824

File number: NTD 36 of 2016

Judge: PERRY J

Date of judgment: 14 March 2017

Catchwords: MIGRATION – whether Tribunal failed to consider child's speech impediment in assessing reasonableness of relocation - whether Tribunal failed to consider claim to fear persecution by reason of membership of a particular social group, being girls who attend or have attended a western school- appeal dismissed

Legislation: Migration Act 1958 (Cth) Federal Court Rules (Cth) r 9.61

Cases cited: Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30 Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220 Re Minister for Immigration and Multicultural Affairs; ex parte Applicant S20/2002 [2003] HCA 30 M211 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 660 Gupta v Minister for Immigration and Border Protection [2016] FCA 1004 SZFDE v Minister for Immigration and Citizenship [2007] HCA 35 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26 DZAEK & Ors v Minister for Immigration & Anor [2016] FCCA 1824 NAVK v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1695 NAVK v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 124 NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10 VQAB v Minister for Immigration and Multicultural and Indigenous Affairs [2014] FCAFC 104