Full Court Minute Books

Case S334/2012

SZOQQ v. Minister for Immigration and Citizenship and Anor

Case No.


Case Information

Lower Court Judgment

23/03/2012 Federal Court of Australia (Flick J, Jagot J, Barker J)

[2012] FCAFC 40


Citizenship and Migration – Refugees – Refoulement – Applicant an Indonesian national convicted of serious criminal offences in Australia – Applicant found to have real chance of being persecuted if returned – Applicant was excluded by Art 33(2) of the Refugees Convention because of serious criminal convictions and threat posed to Australian community – Whether Minister required to take into account the likely consequence of returning a non-citizen to his or her home country when determining if Article 33(2) of the Refugees Convention applies to deny the benefit of non-refoulement – Convention Relating to the Status of Refugees 1951, Arts 33(1), 33(2) – Migration Act 1958 (Cth), ss 36 & 65.

Short Particulars


16/11/2012 Hearing (SLA, Sydney)

29/11/2012 Notice of appeal

21/12/2012 Written submissions (Appellant)

21/12/2012 Chronology (Appellant)

18/01/2013 Written submissions (Respondents)

25/01/2013 Reply

12/03/2013 Hearing (Full Court, Canberra)

10/04/2013 Judgment  (Judgment summary)