SZVGQ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1985

FEDERAL COURT OF AUSTRALIA

SZVGQ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1985 Appeal from: SZVGQ v Minister for Immigration and Border Protection [2018] FCCA 597

File number(s): NSD 659 of 2018

Judge(s): FARRELL J

Date of judgment: 26 November 2019

Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia decision to dismiss judicial review of a decision of the Administrative Appeals Tribunal to affirm a decision of a delegate of the Minister to refuse the appellant a Protection (Class XA) visa – where Tribunal found appellant has a well-found fear of persecution in India – whether treaty and administrative arrangements allow an Indian national to enter and reside in Nepal without passing through India –whether Tribunal correctly found that s 36(3) applies – appeal dismissed.

Legislation: Migration Act 1958 (Cth), ss 36(2), 36(3), 36(4), 36(5), 36(5A), 197C, 198 Indo-Nepal Treaty of Peace and Friendship 1950

Cases cited: DED16 v Minister for Home Affairs [2019] FCAFC 18 Minister for Immigration and Border Protection v SZUSU [2016] FCAFC 50; 237 FCR 305 Minister for Immigration, Multicultural Affairs and Citizenship v SZRHU [2013] FCAFC 91; 215 FCR 35 MZZXS v Minister for Immigration and Border Protection [2015] FCA 1384 NBLC v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 272; 149 FCR 151 SZMWQ v Minister for Immigration & Citizenship [2010] FCAFC 97; 187 FCR 109 SZTOX v Minister for Immigration and Border Protection [2015] FCAFC 77 SZVGQ v Minister for Immigration and Border Protection [2016] FCCA 73 SZVGQ v Minister for Immigration and Border Protection [2018] FCCA 597 V856/00A v Minister for Immigration and Multicultural Affairs [2001] FCA 1018; 114 FCR 408