SZVZL v Minister for Immigration and Border Protection [2018] FCA 1299

SZVZL v Minister for Immigration and Border Protection [2018] FCA 1299

The Tribunal did not find that the appellant could avoid persecution by acting discreetly. It found, based on his limited political involvement and lack of credibility about past KDP activity, that he lacked any real interest or political convictions giving rise to a real chance of persecution and would voluntarily choose not to engage in Kurdish political groups on return to Iran. The Tribunal therefore asked what might happen if he returned to Iran and made no Appellant S395/2002 error. No failure to address a substantial, clearly articulated argument was demonstrated.

Jurisdiction
Australia
Judgment Date
28 August 2018
Procedural Posture
Migration Appeal From Federal Circuit Court Concerning Refusal of Protection Visa / Appeal Dismissed
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'refugee Claims' 'complementary Protection' 'well Founded Fear of Persecution' 'discreet Conduct Reasoning' 'political Opinion' 'kurdish Ethnicity' 'failed Asylum Seeker']
['migration' 'administrative Law'] ['protection Visa' 'refugee Claims' 'complementary Protection' 'well Founded Fear of Persecution' 'discreet Conduct Reasoning' 'political Opinion' 'kurdish Ethnicity' 'failed Asylum Seeker']

Case Brief

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Procedural Posture

Migration Appeal From Federal Circuit Court Concerning Refusal of Protection Visa / Appeal Dismissed

Legal Issues

  1. 1 ['Whether the Tribunal erred by expecting the appellant to act discreetly in Iran to avoid persecutory harm contrary to Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473.' 'Whether the Tribunal failed to make a finding on a substantial, clearly articulated argument relying upon substantial facts.']

Ratio Decidendi

The Tribunal did not find that the appellant could avoid persecution by acting discreetly. It found, based on his limited political involvement and lack of credibility about past KDP activity, that he lacked any real interest or political convictions giving rise to a real chance of persecution and would voluntarily choose not to engage in Kurdish political groups on return to Iran. The Tribunal therefore asked what might happen if he returned to Iran and made no Appellant S395/2002 error. No failure to address a substantial, clearly articulated argument was demonstrated.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appellant has leave to further amend the amended notice of appeal by deleting the second ground.' 'The appeal is dismissed.' "The appellant pay the first respondent's costs of the appeal."]