Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZRKY v Minister for Immigration and Citizenship [2013] FCA 352 Citation: SZRKY v Minister for Immigration and Citizenship [2013] FCA 352
Appeal from: SZRKY v Minister for Immigration & Anor [2012] FMCA 942
Parties: SZRKY v MINISTER FOR IMMIGRATION AND CITIZENSHIP and DOMINIC LENNON IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER
File number: NSD 1762 of 2012
Judge: COWDROY J
Date of judgment: 19 April 2013
Corrigendum: 8 May 2013
Catchwords: MIGRATION – visa – application for protection visa – whether the Federal Magistrate failed to consider accumulation of claims – whether the Federal Magistrate incorrectly considered the reasonable practicability of relocation test – whether the Federal Magistrate erred in considering the test for refugee status – whether there was sufficient evidence for the findings of the Reviewer
Legislation: Convention on the Rights of the Child opened for signature 20 November 1989, 1577 UNTS 3 (entered into force 2 September 1990) Convention Relating to the Status of Refugees 1951 opened for signature 28 July 1951, 189 UNTS 137 (entered into force 22 April 1954) Federal Court Rules 2011 (Cth), r 40.02 Migration Act 1958 (Cth), s 351
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 75 ALD 630 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 Minister for Immigration & Ethnic Affairs v Pochi (1980) 31 ALR 666 Minister for Immigration and Multicultural Affairs v Respondents S152/2003 (2004) 222 CLR 1 MZYOA v Minister for Immigration and Citizenship [2012] FCA 1462 MZYPW v Minister for Immigration and Citizenship (2012) 289 ALR 541 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 Plaintiff M61/2010E v The Commonwealth (2010) 243 CLR 319 Re Minister for Immigration & Multicultural & Indigenous Affairs; Ex parte Applicants S134/2002 (2003) 211 CLR 441 SGDB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 59 Shop Distributive Allied Employees Association v National Retail Association (No 2) (2012) 205 FLR 227 SZATV v Minister for Immigration and Citizenship (2007) 233 CLR 18 SZQFC v Minister for Immigration and Citizenship [2012] FCA 409 SZRKY v Minister for Immigration and Citizenship [2012] FMCA 942 SZRPA v Minister for Immigration and Citizenship [2012] FCA 962
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