SZSWD v Minister for Immigration & Border Protection [2015] FCA 1271

SZSWD v Minister for Immigration & Border Protection [2015] FCA 1271

The Tribunal appropriately considered the appellant’s response to the s 424A letter and claims (including country information on alcohol, economic hardship, and modified conduct), applied the correct legal test (real chance for persecution), and made no jurisdictional error; appeal dismissed.

Parties
First Appellant: SZSWD; Second Appellant: SZSWE; First Respondent: Minister for Immigration & Border Protection; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
19 November 2015
Procedural Posture
Appeal / Judgment From Federal Court on Appeal From Federal Circuit Court
Outcome
Appeal dismissed
Legal Topics
Protection Visa, Persecution, Well Founded Fear, Jurisdictional Error, Country Information, Application of Real Chance Test, Modified Conduct, Judicial Review, Economic Hardship
Migration Law Protection Visa Persecution Well Founded Fear Jurisdictional Error Country Information Application of Real Chance Test Modified Conduct +2 more

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Parties

SZSWD

First Appellant

SZSWE

Second Appellant

Minister for Immigration & Border Protection

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment From Federal Court on Appeal From Federal Circuit Court

Legal Issues

  1. 1 Whether the Tribunal failed to consider relevant material including the appellant's s 424A response
  2. 2 Whether the Tribunal applied the correct legal test for persecution (real chance/well-founded fear)
  3. 3 Whether evidence and claims concerning economic hardship and modified conduct were properly assessed

Ratio Decidendi

The Tribunal appropriately considered the appellant’s response to the s 424A letter and claims (including country information on alcohol, economic hardship, and modified conduct), applied the correct legal test (real chance for persecution), and made no jurisdictional error; appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • The name of the second respondent be amended to 'Administrative Appeals Tribunal'.
  • The appeal be dismissed.