SZQZG v Minister for Immigration and Citizenship [2013] FCA 249

SZQZG v Minister for Immigration and Citizenship [2013] FCA 249

The appellant failed to identify a 'particular social group' with a characteristic other than the shared fear of persecution by individuals with political power or connections; the Tribunal's findings that the harm feared was personal and not related to a Convention ground was correct, and there was no jurisdictional error.

Parties
Appellant: SZQZG; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
20 February 2013
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Refugee Status Determination, Jurisdictional Error, Particular Social Group, Convention Grounds for Asylum
Administrative Law Immigration Law Refugee Status Determination Jurisdictional Error Particular Social Group Convention Grounds for Asylum

Case Brief

Summary, issues, holding and outcome

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Parties

SZQZG

Appellant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the applicant was a member of a 'particular social group' for the purposes of the Refugees Convention
  2. 2 Whether the Tribunal failed to consider an integer of the applicant's claims
  3. 3 Whether there was jurisdictional error by the Tribunal

Ratio Decidendi

The appellant failed to identify a 'particular social group' with a characteristic other than the shared fear of persecution by individuals with political power or connections; the Tribunal's findings that the harm feared was personal and not related to a Convention ground was correct, and there was no jurisdictional error.

Court Disposition

Appeal dismissed

Orders

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