S395/2002 v MIMA | |
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Court | High Court of Australia |
Full case name | Appellant S395/2002 v Minister for Immigration and Multicultural Affairs |
Decided | 2003 |
Citation | 216 CLR 473 |
Court membership | |
Judges sitting | Gleeson CJ, McHugh, Gummow, Kirby, Hayne, Callinan and Heydon JJ |
Case opinions | |
appeal allowed | |
Concurrence | McHugh, Kirby JJ, Gummow, Hayne JJ |
Dissent | Gleeson CJ Callinan, Heydon JJ |
Appellant S395/2002 v MIMA is a decision of the High Court of Australia. [1]
The case is important to refugee law in Australia, especially for its elaboration upon legal principles as they apply to LGBTIQ asylum seekers.
Appellant S395 is the 21st most cited High Court case according to LawCite. [2] [3]
The appellants were two gay Bangladeshi men. Whilst in Australia they applied for refugee visas. They argued that they had a well-founded fear of persecution as members of a particular social group, if forced to return to Bangladesh. [4]
A Ministerial delegate found that if the men kept their relationship a secret, they would not suffer any serious harm; and so refused them visas for having failed to take reasonable steps to avoid harm. The Tribunal affirmed this decision to refuse them protection visas. The decision was affirmed again at review before the RRT. [4]
Appeals to the Federal Court and Full Federal Court were dismissed. They then were granted special leave to appeal at the High Court. [4]
The High Court held by majority that the tribunal erred by splitting the social group of 'homosexual men' invalidly into two other purported social groups; discreet and non-discreet homosexual men.
It held while refugee visa applicants must take reasonable steps to avoid harm before a 'well founded fear' can be recognised; that this does not extend to a requirement that people facing discrimination be discreet about their sexuality.
The court then remitted the decision to the Tribunal.
The New Zealand Refugee Status Appeals Authority or RSAA, was an independent authority that heard the appeals of people who had been declined refugee status by the Refugee Status Branch of the New Zealand Immigration Service. It was established in 1991, and was replaced by the Immigration and Protection Tribunal in 2010. New Zealand established the RSAA as part of its responsibility to uphold the right of asylum as a result of being a signatory of the 1951 Convention relating to the Status of Refugees and the 1967 Protocol. The decisions of the RSAA are not binding, but have had a significant impact on refugee jurisprudence.
The United States recognizes the right of asylum for individuals seeking protections from persecution, as specified by international and federal law. People who seek protection while outside the U.S. are termed refugees, while people who seek protection from inside the U.S. are termed asylum seekers. Those who are granted asylum are termed asylees.
Plaintiff S157/2002 v Commonwealth, also known as 'S157', is a decision of the High Court of Australia.
HJ (Iran) and HT (Cameroon) v Secretary of State for the Home Department [2010] UKSC 31 is a case decided by the Supreme Court of the United Kingdom concerning two men, from Iran and Cameroon respectively, claiming asylum in the United Kingdom on the grounds of their homosexuality. The men's claims had previously been turned down on the basis they would not face persecution in their own countries if they would conceal their sexuality. The appeal therefore centred on the question as to whether the men on their return could reasonably be expected to tolerate this requirement of discretion; the so-called 'discretion' or 'reasonable tolerability' test. Interventions were made by the Equality and Human Rights Commission and the United Nations High Commissioner for Refugees.
Errors as to precedent facts, sometimes called jurisdictional facts, in Singapore administrative law are errors committed by public authorities concerning facts that must objectively exist or not exist before the authorities have the power to take actions or make decisions under legislation. If an error concerning a precedent fact is made, the statutory power has not been exercised lawfully and may be quashed by the High Court if judicial review is applied for by an aggrieved person. The willingness of the Court to review such errors of fact is an exception to the general rule that the Court only reviews errors of law.
Administrative law in Singapore is a branch of public law that is concerned with the control of governmental powers as exercised through its various administrative agencies. Administrative law requires administrators – ministers, civil servants and public authorities – to act fairly, reasonably and in accordance with the law. Singapore administrative law is largely based on English administrative law, which the nation inherited at independence in 1965.
The Immigration and Protection Tribunal is a specialist, independent tribunal established in New Zealand under the Immigration Act 2009 with jurisdiction to hear appeals and applications regarding residence class visas, deportation, and claims to be recognised as a refugee or as a protected person. The Tribunal is administered by the Ministry of Justice and is chaired by a District Court Judge, appointed by the Governor General on the recommendation of the Attorney-General.
Minister for Immigration and Citizenship v SZMDS, is a landmark Australian judgment of the High Court. The matter related to immigration law, jurisdictional error and illogicality as a ground of judicial review.
In the case of Meadows v Minister for Justice, Equality, and Law Reform [2010] IESC 3; [2010] 2 IR 701; [2011] 2 ILRM 157, the Supreme Court of Ireland found that the proportionality test should be used when reviewing administrative actions that implicate fundamental rights protected by both the Irish Constitution and the European Convention on Human Rights. While the case concerned an application for judicial review of an asylum decision, the decision was described as carrying “implications for the whole body of Irish administrative law”.
Z. v Minister for Justice, Equality and Law Reform[2002] IESC 14, [2002]; 2 ILRM 215 is an Irish Supreme Court case where the Court ruled that the absence of an oral hearing need not infringe the right of an applicant for refugee status to natural and constitutional justice.
Chan Yee Kin v Minister for Immigration & Ethnic Affairs (Chan) is a decision of the High Court of Australia.
MIEA v Guo, also known as 'Guo' is a decision of the High Court of Australia. The case is an important decision in Australian refugee law. The case has been described as setting out 'what is required for a decision-maker to have a "rational basis" for determining whether an applicant for refugee status has a well founded fear of persecution'.
Chen Shi Hai v MIMA, also known as 'Chen' is a decision of the High Court of Australia.
MIMA v Haji Ibrahim is a decision of the High Court of Australia.
MIMA v Khawar is a decision of the High Court of Australia.
MIEA v Wu Shan Liang is a decision of the High Court of Australia.
Applicant S v MIMA is a decision of the High Court of Australia.
Abebe v Commonwealth, (Abebe) is a decision of the High Court of Australia and important in Australian Administrative Law. The decision ranks as the seventeenth most cited decision of the High Court.
SZBEL v MIMA is a 2006 decision of the High Court of Australia.
MIMA v Respondents S152/2003 is a decision of the High Court of Australia.