Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114 Citation: Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114
Appeal from: MZYTS v Minister for Immigration & Citizenship [2012] FMCA 1109
Parties: MINISTER FOR IMMIGRATION AND BORDER PROTECTION v MZYTS and REFUGEE REVIEW TRIBUNAL
File number: VID 1113 of 2012
Judges: KENNY, GRIFFITHS AND MORTIMER JJ
Date of judgment: 16 October 2013
Catchwords: MIGRATION — Appeal from judgment of Federal Magistrates Court setting aside decision of Refugee Review Tribunal to refuse a protection visa — Whether Refugee Review Tribunal failed to perform statutory task by not considering most recent country information — Tribunal reasons disclosed neither consciousness nor consideration of central aspect of visa applicant's claim — Tribunal decision affected by jurisdictional error — Decision of Federal Magistrate upheld.
Legislation: Convention relating to the Status of Refugees (done at Geneva on 28 July 1951) 189 UNTS 137 Protocol relating to the Status of Refugees (done at New York on 31 January 1967) 6060 UNTS 267 Migration Act 1958 (Cth) ss 36(2)(a), 65, 414, 430 Administrative Decisions (Judicial Review) Act 1977 (Cth)
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