SZATV v Minister for Immigration and Citizenship

[2007] HCA 40
Judgment date
Case number
S62/2007
Before
Gummow, Kirby, Hayne, Callinan, Crennan JJ
Catchwords

Immigration – Refugees – The appellant was a Ukrainian national who faced persecution in his home region on account of the expression of his political beliefs through journalism – 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 Ukraine – Whether postulated relocation involves denial of fundamental right to free expression of political beliefs protected by Convention.

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 – Whether persecution may reasonably be avoided by living "discreetly" – Relevance of practicability – Relevance of territorial distinctions.

Words and Phrases – "discreet", "owing to", "practicable", "protection", "refugee", "relocation", "well-founded fear of persecution".

Migration Act 1958 (Cth) – s 36(2).

Convention relating to the Status of Refugees – Art 1A(2).

Files
40.rtf (70.67 KB)
40.pdf (135.5 KB)