Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZOSP v Minister for Immigration and Citizenship (No. 2) [2011] FCA 586 Citation: SZOSP v Minister for Immigration and Citizenship (No. 2) [2011] FCA 586
Appeal from: SZOSP v Minister for Immigration & Anor [2011] FMCA 33
Parties: SZOSP v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number(s): NSD 137 of 2011
Judge: GREENWOOD J
Date of judgment: 2 June 2011
Catchwords: PRACTICE AND PROCEDURE – consideration of an appeal from a decision of the Federal Magistrates Court of Australia on the grounds that the Refugee Review Tribunal failed to apply the correct test of serious harm when determining whether the appellant held a wellfounded fear of persecution for a Convention reason and the Federal Magistrates Court published reasons inconsistent with the orders made
Legislation: Migration Act (1958) Cth, s 91R
Cases sited: SZOSP v Minister for Immigration and Citizenship [2011] FCA 558 – cited VBAO v Minister for Immigration and Multicultural and Indigenous Affairs & Anor (2006) 233 CLR 1 - cited Avon Downs Pty Ltd v Federal Commissioner of Taxation (1949) 78 CLR 353 - cited Craig v South Australia (1995) 184 CLR 163 – cited Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 – cited Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 - cited
Date of hearing: 26 May 2011
Date of last submissions: 26 May 2011
Place: Sydney via video-link from Brisbane
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