SZQKE v Minister for Immigration and Citizenship [2012] FCA 514

SZQKE v Minister for Immigration and Citizenship [2012] FCA 514

The Reviewer expressly considered whether the appellant would face a real chance of serious harm amounting to persecution for a Convention reason when travelling into and out of Bamyan, and on the country information found that although travel could be dangerous, the risk was a general civilian travel risk and not persecution for a Convention reason. The Federal Magistrate therefore made no error in concluding that the review was conducted according to law.

Jurisdiction
Australia
Judgment Date
18 May 2012
Procedural Posture
Migration Appeal From the Federal Magistrates Court Concerning Judicial Review of an Independent Merits Review Recommendation / Appeal to the Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Obligations' 'well Founded Fear of Persecution' 'hazara Shia Asylum Seeker' 'risk During Return Travel' 'jurisdictional Error']
['migration' 'refugee Law' 'administrative Law'] ['protection Obligations' 'well Founded Fear of Persecution' 'hazara Shia Asylum Seeker' 'risk During Return Travel' 'jurisdictional Error']

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Procedural Posture

Migration Appeal From the Federal Magistrates Court Concerning Judicial Review of an Independent Merits Review Recommendation / Appeal to the Federal Court of Australia

Legal Issues

  1. 1 ['Whether the Federal Magistrate erred in holding that the Independent Merits Reviewer lawfully considered whether the appellant faced a well-founded fear of persecution while travelling to Bamyan in Afghanistan.' 'Whether the Reviewer addressed the correct question of whether the appellant faced a real chance of serious harm amounting to persecution for a Convention reason during travel into and out of Bamyan.']

Ratio Decidendi

The Reviewer expressly considered whether the appellant would face a real chance of serious harm amounting to persecution for a Convention reason when travelling into and out of Bamyan, and on the country information found that although travel could be dangerous, the risk was a general civilian travel risk and not persecution for a Convention reason. The Federal Magistrate therefore made no error in concluding that the review was conducted according to law.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' 'The Appellant pay the costs of the First Respondent.']