Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZRTC v Minister for Immigration and Border Protection [2014] FCAFC 43 Citation: SZRTC v Minister for Immigration and Border Protection [2014] FCAFC 43
Appeal from: Minister for Immigration & Citizenship v SZRTC & Ors [2013] FCCA 1 Minister for Immigration, Multicultural Affairs and Citizenship v SZRUH & Anor [2013] FCCA 1164
Parties: SZRTC AND SZRTD v MINISTER FOR IMMIGRATION AND BORDER PROTECTION AND REFUGEE REVIEW TRIBUNAL SZRUH v MINISTER FOR IMMIGRATION AND BORDER PROTECTION AND REFUGEE REVIEW TRIBUNAL
File numbers: NSD 740 of 2013 NSD 1864 of 2013
Judges: TRACEY, FLICK AND GRIFFITHS JJ
Date of judgment: 11 April 2014
Catchwords: MIGRATION – construction of s 36(3) of the Migration Act 1958 (Cth) – consideration of "temporary residence" – whether a 'right to enter and reside' in another country is a right comprehended by s 36(3) – whether temporary period of residence must be co-extensive with period of protection obligation
Legislation: Border Protection Legislation Amendment Act 1999 (Cth) Migration Act 1958 (Cth) – ss 36(2), 36(3) Migration Amendment (Complementary Protection) Act 2011 (Cth)
Cases cited: Acosta v Gaffney, 413 F Supp 827 (DNJ, 1976) – cited Lopez v Franklin, 427 F Supp 345 (DMich, 1977) – cited Minister for Immigration & Citizenship v SZRTC & Ors [2013] FCCA 1 – discussed Minister for Immigration, Multicultural Affairs and Citizenship v SZRHU [2013] FCAFC 91, (2013) 215 FCR 35 – applied Minister for Immigration, Multicultural Affairs and Citizenhip v SZRUH & Ors [2013] FCCA 1164 – discussed NAGV v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 222 CLR 161 – cited NBLB v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1051 – cited NBLC v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 149 FCR 151 – cited NBGM v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 150 FCR 522 – cited SZMWQ v Minister for Immigration and Citizenship [2010] FCAFC 97, (2010) 187 FCR 109 – cited WAGH v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 194, (2003) 131 FCR 269 – considered
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