SZNCY v Minister for Immigration and Border Protection [2018] FCA 691

FEDERAL COURT OF AUSTRALIA

SZNCY v Minister for Immigration and Border Protection [2018] FCA 691 Appeal from: SZNCY v Minister for Immigration and Border Protection [2017] FCCA 1742

File number: NSD 1358 of 2017

Judge: MARKOVIC J

Date of judgment: 17 May 2018

Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court of Australia – whether primary judge erred in finding that the second respondent (Tribunal) had considered all of the appellants' claims in concluding it was reasonable to relocate – whether primary judge ought to have found that the Tribunal committed jurisdictional error by failing to consider the claim advanced on behalf of the third appellant that she was in danger due to caste membership – whether, by reason of interpretation errors, the appellants were denied a reasonable opportunity to give evidence and present arguments before the Tribunal – appeal dismissed.

Legislation: Migration Act 1958 (Cth) ss 36(2)(aa), 414, 425

Cases cited: DBE16 v Minister for Immigration and Border Protection [2017] FCA 942 Gill v Minister for Immigration and Border Protection (2017) 250 FCR 309 MZYPO v Minister for Immigration and Citizenship [2013] FCAFC 1 MZYXS v Minister for Immigration and Citizenship [2013] FCA 614 Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 SZATV v Minister for Immigration and Citizenship (2007) 233 CLR 18 SZGIZ v Minister for Immigration and Citizenship (2013) 212 FCR 235 SZKCQ v Minister for Immigration and Citizenship [2009] FCA 578 SZRMQ v Minister for Immigration and Border Protection (2013) 219 FCR 212 SZSEI v Minister for Immigration and Border Protection [2014] FCA 465 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588