Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZQWK v Minister for Immigration & Citizenship [2013] FCA 343 Citation: SZQWK v Minister for Immigration & Citizenship [2013] FCA 343
Appeal from: SZQWK v Minister for Immigration & Anor [2012] FMCA 929
Parties: SZQWK v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number: NSD 1671 of 2012
Judge: KATZMANN J
Date of judgment: 15 April 2013
Catchwords: MIGRATION – application for protection visa whether federal magistrate erred by failing to hold that the Refugee Review Tribunal applied the wrong test or failed to consider an issue it was required to consider, namely, whether applicant actually feared he would be persecuted – whether jurisdictional error – well founded fear of being persecuted – relevance of past to prospect of future persecution.
Legislation: Migration Act 1958 (Cth), ss s 36(2)(a), 65(1), 474
Cases cited: Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 VSAI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1602 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 SZGHS v Minister for Immigration and Citizenship [2007] FCA 1572
Date of hearing: 4 March 2013
Place: Sydney
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