GZCK v Minister for Home Affairs [2021] FCA 1618

FEDERAL COURT OF AUSTRALIA

GZCK v Minister for Home Affairs [2021] FCA 1618 File number: NSD 667 of 2021

Judgment of: STEWART J

Date of judgment: 21 December 2021

Catchwords: MIGRATION – application under s 476A of the Migration Act 1958 (Cth) to quash a decision of the Administrative Appeals Tribunal – whether there are serious reasons for considering that the applicant has committed war crimes and crimes against humanity as referred to in ss 5H(2)(a) and 36(2C)(a)(i) of the Migration Act and is thereby excluded from refugee protection and complementary protection – where the applicant was involved as an intelligence officer in the LTTE in the Sri Lankan civil war – where the LTTE employed suicide attacks targeting civilians and summary executions of persons in custody – where the applicant arranged the accommodation and travel of young combatants who were involved in suicide bombings – where applicant reported on suspected spies – where applicant assisted in interrogations of detainees – where applicant deprived detainees of sleep – where applicant beat detainees with a stick – whether conclusion of the Tribunal that there are serious reasons for considering that the applicant committed the war crimes and crimes against humanity of murder, torture and attacking civilians is available on the evidence CRIMINAL LAW – human rights – public international law – Rome Statute of the International Criminal Court – elements of the crimes against humanity of murder and torture – elements of the war crimes of murder, attacking civilians and torture – elements of assessorial criminal responsibility of aiding, abetting or otherwise assisting in the commission of a crime against humanity or a war crime – elements of criminal responsibility for contributing to the commission of a crime against humanity or a war crime by a group of persons acting with a common purpose – whether applicant aided or abetted a war crime or crime against humanity or contributed to a common purpose – whether applicant acted under duress – consideration of totality of applicant's circumstances