Case P10/2015

WZARV v. Minister for Immigration and Border Protection & Anor

Case No.

P10/2015

Case Information

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

Documents

24/02/2015 Grant of special leave on the papers

10/03/2015 Notice of appeal

10/03/2015 Written submissions (Appellant)

10/03/2015 Chronology (Appellant)

16/03/2015 Submitting appearance (Second Respondent)

31/03/2015 Written submissions (First Respondent)

07/04/2015 Reply

15/04/2015 Hearing (Full Court, Canberra) (Audio-visual recording)

17/06/2015 Judgment (Judgment Summary)