Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Citizenship v MZYYL [2012] FCAFC 147 Citation: Minister for Immigration and Citizenship v MZYYL [2012] FCAFC 147
Parties: MINISTER FOR IMMIGRATION AND CITIZENSHIP v MZYYL and REFUGEE REVIEW TRIBUNAL
File number: VID 493 of 2012
Judges: LANDER, JESSUP AND GORDON JJ
Date of judgment: 24 October 2012
Catchwords: MIGRATION – application for protection visa – application of complementary protection regime under s 36(2)(aa) of the Migration Act 1958 (Cth) – taken not to be a "real risk" of "significant harm" if the non-citizen could obtain state protection such that there would not be a real risk that the non-citizen will suffer significant harm – level of state protection required in order for Minister to be satisfied within the meaning of s 36(2B)(b)
Legislation: Federal Court of Australia Act 1976 (Cth) Federal Magistrates Act 1999 (Cth) Migration Act 1958 (Cth) Migration Amendment (Complementary Protection) Bill 2011 (Cth)
Cases cited: A v Minister for Immigration and Multicultural Affairs (1999) 53 ALD 545 Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 Minister for Immigration and Multicultural Affairs v Prathapan (1998) 86 FCR 95 Minister for Immigration and Multicultural Affairs v S152/2003 (2004) 222 CLR 1 Minister for Immigration and Multicultural Affairs v Thiyagarajah (1997) 80 FCR 543 SZTAV v Minister for Immigration and Citizenship (2007) 233 CLR 18
Date of hearing: 16 October 2012
Place: Melbourne
Division: GENERAL DIVISION
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