SBZD v Minister for Immigration and Citizenship [2008] FCA 1236

SBZD v Minister for Immigration and Citizenship [2008] FCA 1236

The Tribunal applied the correct legal test by assessing whether the level of state protection in the United Kingdom meets international standards; as this standard does not require absolute protection but only reasonable measures, the appellant’s fear of persecution was found not to be well-founded and the appeal fails.

Parties
Appellant: SBZD; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
14 August 2008
Procedural Posture
Migration Appeal / Appeal From Federal Magistrates Court
Outcome
appeal dismissed
Legal Topics
Protection Visa, Particular Social Group, State Protection, Well Founded Fear of Persecution
Migration Law Protection Visa Particular Social Group State Protection Well Founded Fear of Persecution

Case Brief

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Parties

SBZD

Appellant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Migration Appeal / Appeal From Federal Magistrates Court

Legal Issues

  1. 1 Whether the Tribunal applied the correct legal test for 'well-founded fear' of persecution under the Refugees Convention
  2. 2 Whether the UK provides a sufficient level of state protection to satisfy international standards
  3. 3 Whether inability to guarantee absolute protection constitutes failure of state protection

Ratio Decidendi

The Tribunal applied the correct legal test by assessing whether the level of state protection in the United Kingdom meets international standards; as this standard does not require absolute protection but only reasonable measures, the appellant’s fear of persecution was found not to be well-founded and the appeal fails.

Court Disposition

appeal dismissed

Orders

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