In FTZK v Minister for Immigration and Border Protection  HCA 26, the High Court allowed an appeal against a decision by the Administrative Appeals Tribunal (AAT) to refuse a Chinese national a protection visa. The AAT had applied the exclusion clause in the Refugee Convention (in this case, article 1F(b)) because it was satisfied that there were ‘serious reasons for considering’ that the man had committed a ‘serious non-political crime’ while in China. The High Court held unanimously that the AAT had relied on evidence which was not logically probative of whether the alleged crimes had been committed, and therefore had fallen into jurisdictional error by misconstruing the test it was bound to apply. The court also observed that the question of whether there are ‘serious reasons’ in this context cannot be equated to either the civil or criminal standard of proof, as understood by domestic courts.
Last updated: 27 June 2014