SZVYD v Minister for Immigration and Border Protection [2019] FCA 648

SZVYD v Minister for Immigration and Border Protection [2019] FCA 648

The Tribunal’s finding that the Bangladeshi Intoxicant Control Act 1990 is a law of general application was open and coherent. Even if the law were discriminatory against Muslims, the Tribunal considered the question of its appropriateness and adaptation to a legitimate object in a logical way. Therefore, any punishment administered under the Act would not constitute Convention persecution, and no error attaches to the Tribunal’s conclusions.

Parties
Appellant: SZVYD; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
14 May 2019
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Protection Visa, Law of General Application, Persecution Under Refugee Convention
Administrative Law Migration Law Human Rights Law Protection Visa Law of General Application Persecution Under Refugee Convention

Case Brief

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Parties

SZVYD

Appellant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Bangladeshi Intoxicant Control Act 1990 is a law of general application
  2. 2 Whether punishment under such law constitutes Convention persecution
  3. 3 Whether the law is appropriate and adapted to a legitimate object

Ratio Decidendi

The Tribunal’s finding that the Bangladeshi Intoxicant Control Act 1990 is a law of general application was open and coherent. Even if the law were discriminatory against Muslims, the Tribunal considered the question of its appropriateness and adaptation to a legitimate object in a logical way. Therefore, any punishment administered under the Act would not constitute Convention persecution, and no error attaches to the Tribunal’s conclusions.

Court Disposition

Appeal dismissed with costs

Orders

  • The appeal be dismissed with costs