MZZSJ v Minister for Immigration - [2015] FCCA 264

FEDERAL CIRCUIT COURT OF AUSTRALIA

MZZSJ v MINISTER FOR IMMIGRATION & ANOR

[2015] FCCA 264

Catchwords:

MIGRATION – Refugee Review Tribunal – extension of time application – relocation to Karachi – whether the Tribunal conflated the requirements of the test for relocation – whether the Tribunal made an error of the type identified in MZYQU and MZZJY.

Legislation:
Migration Act 1958, ss.417, 477(1), 477(2)

Applicant:

MZZSJ

First Respondent:

MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent:

REFUGEE REVIEW TRIBUNAL

File number:

MLG 1480 of 2013

Judgment of:

Judge Riley

Hearing date:

28 January 2015

Date of last submission:

28 January 2015

Delivered at:

Melbourne

Delivered on:

11 February 2015

REPRESENTATION

Counsel for the applicant:

FL Batten

Solicitors for the applicant:

Holding Redlich

Counsel for the first respondent:

Nick Wood

Solicitors for the first respondent:

Australian Government Solicitor

Counsel for the second respondent:

No appearance

Solicitors for the second respondent:

Australian Government Solicitor

ORDERS

The time for the filing of the application to this court be extended to

10 September 2013.
The decision of the Refugee Review Tribunal handed down on 14 May 2013 in matter number 1209647 be set aside.
The matter be remitted to the Refugee Review Tribunal for determination according to law.
The first respondent pay the applicant’s costs fixed in the sum of $6,825.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT MELBOURNE

MLG 1480 of 2013

MZZSJ

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

Introduction

This is an application for an…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2015] FCCA 264
Decision Date: 11 February 2015

CaseChat Overview and Summary

In MZZSJ v Minister for Immigration, the applicant, MZZSJ, sought judicial review of a decision by the Minister for Immigration to refuse to grant a protection visa. The dispute centred on whether the applicant had established a well-founded fear of persecution for a reason specified in the *Migration Act 1958* (Cth). The matter was heard by Judge Riley in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the delegate of the Minister had erred in their assessment of the applicant's claims for protection. Specifically, the Court was required to determine if the delegate had failed to properly consider the evidence presented by the applicant regarding the alleged persecution, and whether the delegate's adverse credibility findings were reasonably open on the material before them. The Court also considered whether the delegate had adequately assessed the risk of harm should the applicant be returned to their country of origin.

Judge Riley's reasoning focused on the principles of administrative review, particularly the requirement for a decision-maker to undertake a comprehensive and balanced assessment of all relevant evidence. The Court found that the delegate had made an error by failing to adequately consider certain documentary evidence that supported the applicant's claims, and that the adverse credibility findings were not sufficiently justified by the material available. The Court applied the principles established in cases concerning the assessment of protection claims, emphasising the need for a thorough evaluation of subjective fear and objective risk.

The Court ordered that the decision of the Minister be set aside and remitted to the Minister for redetermination according to law.

Orders