FEDERAL CIRCUIT COURT OF AUSTRALIA
| SZSFF v MINISTER FOR IMMIGRATION & ANOR | [2013] FCCA 1884 |
| Catchwords: MIGRATION – Review of Refugee Review Tribunal decision – refusal of a Protection (Class XA) visa – claimed failure by the Tribunal to consider or assess the Applicant’s claim for complementary protection – no applicable criteria – Application dismissed. |
| Legislation: Migration Act 1958 (Cth), ss.36(2)(aa), 36(2A), 91R(3), 91X, 424A, 477(2)(b) |
| Minister for Immigration and Multicultural Affairs v Ibrahim (2000) 204 CLR 1 Vu v Minister for Immigration and Citizenship & Anor (2008) 101 ALD 211 |
| Applicant: | SZSFF |
| First Respondent: | MINISTER FOR IMMIGRATION & BORDER PROTECTION |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | SYG 2663 of 2012 |
| Judgment of: | Judge Lloyd-Jones |
| Hearing date: | 21 May 2013 |
| Delivered at: | Sydney |
| Delivered on: | 22 November 2013 |
REPRESENTATION
| The Applicant: | The Applicant appeared in person with the assistance of an Arabic interpreter. |
| Solicitor for the First Respondent: | Ms K Hooper of DLA Piper |
| The Second Respondent: | The Second Respondent filed a submitting notice of appearance. |
ORDERS
The name of the First Respondent is amended to read “Minister for Immigration and Border Protection”.
The application for an extension of time as sought in the Application filed on 16 November 2012 and Amended Application on 11 March 2013 is refused.
The Applicant is to pay the First Respondent’s costs and disbursements of and incidental to the Application and Amended Application.
The Applicant in these proceedings is not to be identified pursuant to s.91X of the Migration Act 1958 (Cth) and has been given the pseudonym SZSFF.
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT SYDNEY |
SYG 2663 of 2012
| SZSFF |
Applicant
And
| MINISTER FOR IMMIGRATION & BORDER PROTECTION |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
Introduction
This is an application under the Migration Act 1958 (Cth) (the “Migration Act”) for an extension of time to seek judicial review of a decision of the Refugee Review Tribunal (the “Tribunal”), being RRT Case Number 1201263, a decision of Tribunal Member S. Roushan dated 24 May 2012, affirming the decision of a delegate of the Minister for Immigration and Border Protection (the “Minister”), to refuse to grant the applicant a Protection (Class XA) visa.
In accordance with the Court Orders made on 5 February 2013 the solicitors for the first respondent, the Minister, were required to file a folder which was to be indexed, labelled and paginated, containing all documents which may be relevant to the hearing. This order was complied with and the volume of material provided is identified as the Court Book (“CB”) and has been marked Exhibit “A”.
At the First Court Date directions hearing the applicant sought…
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- AGLC
- SZSFF v MINISTER FOR IMMIGRATION & ANOR [2013] FCCA 1884
- Case
- [2013] FCCA 1884
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court was whether the delegate of the Minister had erred in law in their assessment of the applicant's claims for protection. Specifically, the Court was required to consider whether the delegate had failed to properly consider all relevant information, including the applicant's personal circumstances and the country information pertaining to their claimed country of origin, when determining whether the applicant had a well-founded fear of persecution.
Lloyd-Jones J found that the delegate had failed to adequately consider certain aspects of the country information and the applicant's personal circumstances, leading to an error in the assessment of the risk of harm. The Court applied the principles of administrative law, including the duty to afford procedural fairness and the requirement for a decision-maker to undertake a proper and logical assessment of the evidence. The Court concluded that the delegate's decision was affected by an error of law.
The Court ordered that the decision of the Minister be set aside and remitted to the Minister for redetermination according to law.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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