High Court of Australia

FTZK v Minister for Immigration and Border Protection [2014] HCA 26

88 ALJR 754; 310 ALR 1

27 Jun 2014

Case Number: M143/2013

Before

French CJ, Hayne, Crennan, Bell, Gageler JJ

Catchwords

Migration – Refugees – Application for protection visa – Whether Australia had protection obligations towards appellant – Exclusion from Refugees Convention – Art 1F(b) – Serious reasons for considering that appellant had committed serious non-political crimes prior to admission – Protection visa refused on basis of Art 1F(b) – Review by Administrative Appeals Tribunal – Whether open to Tribunal to apply exclusion – Whether Tribunal fell into jurisdictional error – Whether Tribunal misconstrued test – Whether evidence logically probative of serious reasons for considering appellant had committed serious non-political crimes.

Administrative law – Judicial review – Grounds of review – Jurisdictional error – Refugees Convention – Art 1F(b) – Whether Tribunal fell into jurisdictional error – Whether Tribunal misconstrued test – Whether evidence logically probative of serious reasons for considering appellant had committed serious non-political crimes.

Words and phrases – "jurisdictional error", "serious non-political crime", "serious reasons for considering", "standard of proof".

Migration Act 1958 (Cth) – s 36(2)(a).

Convention relating to the Status of Refugees (1951) – Art 1F(b).
PDF   RTF



PDF MD5: 8af85fb2ddf3e66aabfdde521d5607ca
RTF MD5: 40da559f0d8c25a9ddc4c68551a0633e