DZAAS v Minister for Immigration and Citizenship [2012] FCA 828

DZAAS v Minister for Immigration and Citizenship [2012] FCA 828

The Reviewer was under no duty to refer to or consider material which was before him in other cases, even recent ones (such as IMR No TRI016). The applicant's claims based on fear of persecution for reason of nationality or membership of a social group (Faili Kurds in Iran) were either not properly raised below or, if raised, went no further than the previous claims based on race, which had been rejected on the evidence. Thus, no error was established in the Reviewer's process or decision.

Parties
Appellant: DZAAS; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Michael Griffin in his capacity as Independent Merits Reviewer
Jurisdiction
Australia
Judgment Date
07 August 2012
Procedural Posture
Appeal / Federal Court Appeal From Federal Magistrates Court
Outcome
Appeal dismissed with costs.
Legal Topics
Statelessness, Protection Visa, Refugee Law, Review of Administrative Decisions
Migration Statelessness Protection Visa Refugee Law Review of Administrative Decisions

Case Brief

Summary, issues, holding and outcome

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Parties

DZAAS

Appellant

Minister for Immigration and Citizenship

First Respondent

Michael Griffin in his capacity as Independent Merits Reviewer

Second Respondent

Procedural Posture

Appeal / Federal Court Appeal From Federal Magistrates Court

Legal Issues

  1. 1 Whether the Independent Merits Reviewer was obligated to refer to material before him in other cases such as IMR No TRI016
  2. 2 Whether the applicant's claims based on fear of persecution for reason of nationality or imputed nationality and/or membership of a social group, namely Faili Kurds in Iran, were raised below and/or adequately considered

Ratio Decidendi

The Reviewer was under no duty to refer to or consider material which was before him in other cases, even recent ones (such as IMR No TRI016). The applicant's claims based on fear of persecution for reason of nationality or membership of a social group (Faili Kurds in Iran) were either not properly raised below or, if raised, went no further than the previous claims based on race, which had been rejected on the evidence. Thus, no error was established in the Reviewer's process or decision.

Court Disposition

Appeal dismissed with costs.

Orders

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