High Court of Australia

SZOQQ v Minister for Immigration and Citizenship [2013] HCA 12

87 ALJR 541; 296 ALR 409

10 Apr 2013

Case Number: S334/2012

Before

French CJ, Hayne, Crennan, Kiefel, Bell, Gageler, Keane JJ

Catchwords

Immigration – Refugees – Judicial review – Minister's delegate found appellant had well-founded fear of political persecution if returned to Indonesia – Minister's delegate concluded Australia owed no "protection obligations" to appellant because appellant convicted of "particularly serious crime" – Whether "protection obligations" in s 36(2)(a) of Migration Act 1958 (Cth) ("Act") limited to non refoulement obligation in Art 33(1) of Convention relating to the Status of Refugees as amended by Protocol relating to the Status of Refugees – Whether s 91U of Act confines scope of Australia's "protection obligations" in s 36(2)(a) of Act – Whether Minister bound to consider if grant of visa not prevented by s 501 of Act.

Words and phrases – "non refoulement", "particularly serious crime", "protection obligations".

Migration Act 1958 (Cth) – ss 36, 91U, 501.

Convention relating to the Status of Refugees as amended by the Protocol relating to the Status of Refugees – Arts 1, 33.
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