High Court of Australia
HIGH COURT OF AUSTRALIA
GUMMOW ACJ,
HEYDON, CRENNAN, KIEFEL AND BELL JJ
MINISTER FOR IMMIGRATION AND CITIZENSHIP APPELLANT
AND
SZMDS & ANOR RESPONDENTS
Minister for Immigration and Citizenship v SZMDS [2010] HCA 16
26 May 2010
S193/2009
ORDER
1. The appeal be allowed.
2. Orders 3, 4 and 5 made by the Federal Court of Australia on 10 March 2009 be set aside.
3. In place of those orders:
(a) the appeal to the Federal Court of Australia be dismissed; and
(b) Order 2 made by the Federal Magistrates Court of Australia on 8 July 2008 be set aside.
4. The appellant pay the reasonable costs of the first respondent of the appeal to this Court.
On appeal from the Federal Court of Australia
Representation
S J Gageler SC Solicitor-General of the Commonwealth of Australia with G T Johnson for the appellant (instructed by DLA Phillips Fox Lawyers)
T A Game SC with T Baw for the first respondent (instructed by Sarom Solicitors)
Submitting appearance for the second respondent
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
Minister for Immigration and Citizenship v SZMDS
Immigration – Refugees – Review by Refugee Review Tribunal – Where respondent applied for protection visa on ground of fear of persecution in Pakistan because of claimed homosexuality – Requirement of satisfaction of state of facts – Where protection visa refused on grounds that decision maker not satisfied respondent's fear of returning to Pakistan well founded – Whether such findings involved findings of jurisdictional fact – Whether illogicality or irrationality in a finding of jurisdictional fact – Whether jurisdictional error.
Words and phrases – "illogicality", "irrationality", "jurisdictional error", "satisfied".
Migration Act 1958 (Cth), ss 36, 65, 430(1)(b).
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