FEDERAL COURT OF AUSTRALIA
SZQRM v Minister for Immigration and Border Protection [2013] FCA 1297
Citation: SZQRM v Minister for Immigration and Border Protection [2013] FCA 1297 Appeal from: SZQRM & Ors v Minister for Immigration & Anor [2013] FCCA 772 Parties: SZQRM, SZQRN and SZQRO v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL File number(s): NSD 1545 of 2013 Judge(s): BUCHANAN J Date of judgment: 5 December 2013 Legislation: Migration Act 1958 (Cth), ss 36(3), 36(4), 36(5) Cases cited: Minister for Immigration, Multicultural Affairs and Citizenship v SZRHU [2013] FCAFC 91
SZQRM & Ors v Minister for Immigration & Anor [2013] FCCA 772Date of hearing: 8 November 2013 Place: Sydney Division: GENERAL DIVISION Category: No catchwords Number of paragraphs: 23 Counsel for the Appellants: The First Appellant appeared in person Counsel for the First Respondent: Ms R Francois Solicitor for the First Respondent: DLA Piper Australia Solicitor for the Second Respondent: The Second Respondent filed a submitting notice save as to costs
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
NSD 1545 of 2013
ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA
BETWEEN: SZQRM
First AppellantSZQRN
Second AppellantSZQRO
Third AppellantAND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION
First RespondentREFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE:
BUCHANAN J
DATE OF ORDER:
5 DECEMBER 2013
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The name of the first respondent be changed to ‘Minister for Immigration and Border Protection’.
2.The appeal be dismissed with costs.
Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
NSD 1545 of 2013
ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA
BETWEEN: SZQRM
First AppellantSZQRN
Second AppellantSZQRO
Third AppellantAND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION
First RespondentREFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE:
BUCHANAN J
DATE:
5 DECEMBER 2013
PLACE:
SYDNEY
REASONS FOR JUDGMENT
BUCHANAN J:
Background
The first and second appellants are husband and wife and the third appellant is their daughter, who was born in 2010. The first appellant arrived in Australia in November 2010 and the second and third appellants arrived in December 2010. On 24 December 2010, the first appellant lodged an application for a protection visa which included his wife and child. On 24 February 2011, a delegate of the first respondent refused to grant protection visas to the appellants.
The appellants are citizens of Lithuania. The first appellant claimed to fear persecution owing to the sexual orientation of himself and his wife and to their public expression of their views about those matters. It is accepted by the first respondent that the first and second appellants’ claims are based upon membership of a particular social group (based on their bisexuality) and upon the expression of political opinions (expressing a sexually liberated ideology).
The delegate accepted that the first appellant and the second appellant may have been…
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- AGLC
- SZQRM v MIBP [2013] FCA 1297
- Case
- [2013] FCA 1297
- Decision Date
CaseChat Overview and Summary
The central legal issues in this case revolved around the interpretation and application of the Refugee Convention in the context of the appellants' claims. The court had to determine whether the RRT correctly assessed the appellants' risk of persecution in Lithuania, considering their bisexuality, family status, and the likelihood of their re-engaging in behaviour that might expose them to persecution. Additionally, the court needed to examine whether the RRT appropriately considered the appellants' ability to reside in other EU countries and how this affected their claims for protection visas.
The Federal Court found that the RRT did not err in its decision to deny the appellants' protection visas. The Court held that the RRT correctly assessed the appellants' risk of persecution in Lithuania, noting that the appellants had discontinued the behaviour that might expose them to persecution for reasons unrelated to fear of persecution. The Court also found that the RRT appropriately considered the appellants' ability to reside in other EU countries, which reduced the likelihood of persecution in Lithuania. The Court concluded that the RRT's decision was not flawed and dismissed the appeal with costs.
The Court ordered that the name of the first respondent be changed to 'Minister for Immigration and Border Protection' and that the appeal be dismissed with costs, in accordance with Rule 39.32 of the Federal Court Rules 2011.
Orders
Orders of the court
1. The name of the first respondent be changed to ‘Minister for Immigration and Border Protection’.
2. The appeal be dismissed with costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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