Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Border Protection v SZSWB [2014] FCAFC 106 Citation: Minister for Immigration and Border Protection v SZSWB [2014] FCAFC 106
Appeal from: SZSWB v Minister for Immigration [2014] FCCA 765
Parties: MINISTER FOR IMMIGRATION AND BORDER PROTECTION v SZSWB and REFUGEE REVIEW TRIBUNAL
File number: NSD 519 of 2014
Judges: GORDON, ROBERTSON AND GRIFFITHS JJ
Date of judgment: 22 August 2014
Catchwords: MIGRATION – Refugees – Protection visas – Complementary protection – Fear of persecution based on past harm – Whether Refugee Review Tribunal failed to address claim – Whether claim clearly emerges from material – Migration Act 1958 (Cth) s 36(2)(aa)
Legislation: Migration Act 1958 (Cth) s 36
Cases cited: Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473 Minister for Immigration and Citizenship v MZYYL (2012) 207 FCR 211 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Applicants S134/2002 (2003) 211 CLR 441
Date of hearing: 7 August 2014
Date of last submissions: 7 August 2014
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 45
Counsel for the Appellant: G Johnson SC with P Knowles
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