High Court of Australia

Minister for Immigration and Border Protection v WZAPN [2015] HCA 22

17 Jun 2015

Case Number: M17/2015 P10/2015


French CJ, Kiefel, Bell, Gageler, Keane JJ


Migration – Refugee status – Section 91R(1)(b) of Migration Act 1958 (Cth) provides persecution must involve "serious harm to the person" – Section 91R(2)(a) lists "threat to the person's life or liberty" as instance of serious harm – Where person faces period or periods of temporary detention – Whether that constitutes "threat to liberty" amounting to serious harm, without qualification as to severity of threat.

Migration – Refugee status – Section 91R(1)(a) of Migration Act 1958 (Cth) requires Refugees Convention reason to be "essential and significant reason" for persecution – Where Federal Court held there was failure to accord procedural fairness to claimant – Whether independent merits reviewer failed to draw claimant's attention to relevant issue or information – Whether no fair opportunity to address argument that could materially affect assessment.

Words and phrases – "persecution", "serious harm", "threat to life or liberty".

Migration Act 1958 (Cth) – ss 91R(1)(a), 91R(1)(b), 91R(2)(a). Convention relating to the Status of Refugees (1951) as amended by the Protocol relating to the Status of Refugees (1967), Art 1A(2).
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