SZDTM v Minister for Immigration and Citizenship [2008] FCA 1258

SZDTM v Minister for Immigration and Citizenship [2008] FCA 1258

Because the proselytization issue was raised by the appellant's own solicitors, including the submission that Indonesian laws prohibiting proselytization were not laws of general application, the Tribunal was required to address that issue but was not obliged to invite the appellant to make further submissions before rejecting it. The connected question whether the law was appropriate and adapted to a legitimate purpose was inevitably raised with the general-application issue. The Tribunal also addressed the works of mercy claim by finding that the appellant could engage in such works in Indonesia subject to non-persecutory laws restricting proselytization and to only low-level harassment...

Jurisdiction
Australia
Judgment Date
19 August 2008
Procedural Posture
Migration Appeal From the Federal Magistrates Court of Australia / Appeal Dismissed
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'procedural Fairness' 'migration Act 1958 (cth) S 425' 'persecution' 'proselytization' 'freedom of Religion' 'state Protection']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'procedural Fairness' 'migration Act 1958 (cth) S 425' 'persecution' 'proselytization' 'freedom of Religion' 'state Protection']

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Procedural Posture

Migration Appeal From the Federal Magistrates Court of Australia / Appeal Dismissed

Legal Issues

  1. 1 ['Whether the Refugee Review Tribunal failed to comply with s 425(1) of the Migration Act 1958 (Cth) by not further notifying the appellant that it might find Indonesian restrictions on proselytization to be laws of general application and appropriate and adapted to a legitimate purpose.' "Whether the Tribunal failed to consider whether restrictions on the appellant's intended works of mercy in Indonesia would impinge on her freedom of religion to an extent amounting to persecution." 'Whether the appellant had a well-founded fear of persecution for reasons of religion if returned to Indonesia.']

Ratio Decidendi

Because the proselytization issue was raised by the appellant's own solicitors, including the submission that Indonesian laws prohibiting proselytization were not laws of general application, the Tribunal was required to address that issue but was not obliged to invite the appellant to make further submissions before rejecting it. The connected question whether the law was appropriate and adapted to a legitimate purpose was inevitably raised with the general-application issue. The Tribunal also addressed the works of mercy claim by finding that the appellant could engage in such works in Indonesia subject to non-persecutory laws restricting proselytization and to only low-level harassment...

Court Disposition

Appeal dismissed with costs.

Orders

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