ZYVZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 28

FEDERAL COURT OF AUSTRALIA

ZYVZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 28 Review from: ZYVZ and Minister for Immigration and Border Protection [2018] AATA 3967

File number: WAD 38 of 2019

Judge: COLVIN J

Date of judgment: 24 January 2020

Catchwords: MIGRATION - application to review decision of Administrative Appeals Tribunal dismissing application to review delegate's decision to refuse to grant a protection visa - extension of time required for application - where applicant charged and convicted of gang rape and abduction offences committed outside of Australia prior to arrival in Australia - where applicant convicted in absentia - where Tribunal decided that there were serious reasons for considering that applicant had committed serious non-political crimes of gang rape and abduction as well as people smuggling - consideration of s 36(2C) of Migration Act 1958 (Cth) - consideration of standard of reasoning that will be 'serious reasons for considering' - that serious crimes had been committed - extension of time granted - review grounds as to serious reasons for considering applicant had committed crimes of rape and abduction not upheld - not necessary to determine review grounds as to whether people smuggling is a serious non-political crime - application for review dismissed

Legislation: Migration Act 1958 (Cth) ss 5H, 36, 233A, 233C, 476, 476A, 477A, 500 Criminal Procedure Act 2004 (WA) s 88 Criminal Code 1899 (Qld) s 617

Cases cited: Al-Sirri v Secretary of State for the Home Department [2013] 1 AC 745 Arquita v Minister for Immigration and Multicultural Affairs [2000] FCA 1889; (2000) 106 FCR 465 Chu Kheng Lim v Minister for Immigration, Local Government and Ethnic Affairs [1992] HCA 64; (1992) 176 CLR 1 CRI026 v The Republic of Nauru [2018] HCA 19 Ebatarinja v Deland [1998] HCA 62; (1998) 194 CLR 444 ETA067 v The Republic of Nauru [2018] HCA 46 FTZK v Minister for Immigration and Border Protection [2014] HCA 26 Hellenic Republic v Tzatzimakis [2003] FCAFC 4; (2003) 127 FCR 130 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 264 CLR 123 HZCP v Minister for Immigration and Border Protection [2019] FCAFC 202 JSDW and Minister for Immigration and Border Protection [2017] AATA 2420 Lipohar v The Queen [1999] HCA 65; (1999) 200 CLR 485 Minister for Immigration and Border Protection v Haq [2019] FCAFC 7 Minister for Immigration and Ethnic Affairs v Teoh [1995] HCA 20; (1995) 183 CLR 273 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 Moti v The Queen [2011] HCA 50; (2011) 245 CLR 456 MZZZW v Minister for Immigration and Border Protection [2015] FCAFC 133; (2015) 234 FCR 154 NAGV and NAGW of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 6; (2005) 222 CLR 161 R v Abrahams (1895) 21 VLR 343 R v Gee [2012] SASCFC 86; (2012) 113 SASR 372 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; (2017) 262 CLR 362