AZABC v Minister for Immigration and Citizenship [2011] FCA 1179

AZABC v Minister for Immigration and Citizenship [2011] FCA 1179

The Tribunal did not commit jurisdictional error in concluding the appellant does not face a real chance of persecution from his family or his wife's family if he returns to Albania, as there was no evidence of ongoing interest or pursuit by the families since 2005, and the decision was open to the Tribunal on the material before it.

Parties
Appellant: AZABC; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
20 October 2011
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Protection Visa, Jurisdictional Error, Persecution, Refugee Status, Religious Conversion
Administrative Law Migration Law Protection Visa Jurisdictional Error Persecution Refugee Status Religious Conversion

Case Brief

Summary, issues, holding and outcome

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Parties

AZABC

Appellant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Tribunal committed jurisdictional error by failing to properly consider whether the appellant faced a real chance of persecution from his family or his wife's family due to religious conversion
  2. 2 Whether the Tribunal applied the correct legal test regarding 'real chance' of persecution
  3. 3 Whether the Tribunal failed to consider the appellant's circumstances if he lived openly as a converted Orthodox Christian in Albania

Ratio Decidendi

The Tribunal did not commit jurisdictional error in concluding the appellant does not face a real chance of persecution from his family or his wife's family if he returns to Albania, as there was no evidence of ongoing interest or pursuit by the families since 2005, and the decision was open to the Tribunal on the material before it.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay to the first respondent costs of the appeal.