WZARV v. Minister for Immigration and Border Protection & Anor

Lower Court Judgment

22/08/2014 Federal Court of Australia (McKerracher J)

[2014] FCA 894

Catchwords

Migration – Refugee and humanitarian visas – Definition of refugee – Fear of Persecution – Serious Harm – Where the appellant is a Sri Lankan citizen and applied for a Refugee Status Assessment – Where the appellant is of Tamil ethnicity – Where the Independent Merits Reviewer accepted that it was likely that the appellant would be questioned by the Sri Lankan authorities upon his return to Sri Lanka but that questioning would not amount to a serious harm to the appellant - Whether a qualitative assessment of the seriousness of the harm suffered by the respondent was required pursuant to s 91R of the Migration Act 1958 (Cth).

Short Particulars