SZFDV v MIAC

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SZFDV v MIAC

[2007] HCA 41

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SZFDV v MIAC

[2007] HCA 41

HIGH COURT OF AUSTRALIAGUMMOW, KIRBY, HAYNE, CALLINAN AND CRENNAN JJSZFDV   APPELLANTANDMINISTER FOR IMMIGRATIONAND CITIZENSHIP & ANOR  RESPONDENTSSZFDV v Minister for Immigration and Citizenship[2007] HCA 4130 August 2007S61/2007ORDERAppeal dismissed with costs.On appeal from the Federal Court of AustraliaRepresentationJ T Gleeson SC with N J Owens for the appellant (instructed by Corrs Chambers Westgarth)S J Gageler SC with P S Braham and T Reilly for the first respondent (instructed by DLA Phillips Fox)Submitting appearance for the second respondentNotice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSSZFDV v Minister for Immigration and CitizenshipImmigration – Refugees – The appellant was an Indian national who faced persecution in his home region on account of his political beliefs – Whether the principle of internal relocation is consistent with the Convention Relating to the Status of Refugees – Whether the Refugee Review Tribunal erred in holding that it was reasonable for the appellant to relocate elsewhere in India.Immigration – Refugees – Well-founded fear of persecution – Whether a well-founded fear of persecution may be confined to a particular region of a country – Whether persecution may reasonably be avoided by relocation – Relevance of practicability – Relevance of territorial distinctions.Immigration – Refugees – See SZATV v Minister for Immigration and Citizenship.Words and Phrases –"practicable", "refugee", "relocation", "well-founded fear of persecution". Migration Act 1958 (Cth), s 36(2).Convention Relating to the Status of Refugees, Art 1A(2).GUMMOW, HAYNE AND CRENNAN JJ.  This appeal from the Federal Court...

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SZFDV v MIAC

[2007] HCA 41

HIGH COURT OF AUSTRALIAGUMMOW, KIRBY, HAYNE, CALLINAN AND CRENNAN JJSZFDV   APPELLANTANDMINISTER FOR IMMIGRATIONAND CITIZENSHIP & ANOR  RESPONDENTSSZFDV v Minister for Immigration and Citizenship[2007] HCA 4130 August 2007S61/2007ORDERAppeal dismissed with costs.On appeal from the Federal Court of AustraliaRepresentationJ T Gleeson SC with N J Owens for the appellant (instructed by Corrs Chambers Westgarth)S J Gageler SC with P S Braham and T Reilly for the first respondent (instructed by DLA Phillips Fox)Submitting appearance for the second respondentNotice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSSZFDV v Minister for Immigration and CitizenshipImmigration – Refugees – The appellant was an Indian national who faced persecution in his home region on account of his political beliefs – Whether the principle of internal relocation is consistent with the Convention Relating to the Status of Refugees – Whether the Refugee Review Tribunal erred in holding that it was reasonable for the appellant to relocate elsewhere in India.Immigration – Refugees – Well-founded fear of persecution – Whether a well-founded fear of persecution may be confined to a particular region of a country – Whether persecution may reasonably be avoided by relocation – Relevance of practicability – Relevance of territorial distinctions.Immigration – Refugees – See SZATV v Minister for Immigration and Citizenship.Words and Phrases –"practicable", "refugee", "relocation", "well-founded fear of persecution". Migration Act 1958 (Cth), s 36(2).Convention Relating to the Status of Refugees, Art 1A(2).GUMMOW, HAYNE AND CRENNAN JJ.  This appeal from the Federal Court...