Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MZYXS v Minister for Immigration and Citizenship [2013] FCA 614 Citation: MZYXS v Minister for Immigration and Citizenship [2013] FCA 614
Appeal from: MZYXS v Minister for Immigration & Anor [2013] FMCA 13
Parties: MZYXS v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number: VID 166 of 2013
Judge: MARSHALL J
Date of judgment: 21 June 2013
Catchwords: MIGRATION – whether decision below affected by jurisdictional error – consideration of proper approach to complementary protection claims under s 36(2)(aa) of the Migration Act 1958 (Cth) – relationship with claims for protection based on Refugee Convention criteria – standard of proof – real risk – significant harm – reasonableness of relocation within country of origin – s 36(2B)(a) of the Migration Act 1958 (Cth) – procedural fairness
Legislation: Migration Act 1958 (Cth) s 36
Cases cited: Minister for Immigration and Citizenship v MZYYL (2012) 207 FCR 211 Minister for Immigration and Citizenship v SZQRB (2013) 296 ALR 525 SZATV v Minister for Immigration and Citizenship (2007) 233 CLR 18 SZFDV v Minister for Immigration and Citizenship (2007) 233 CLR 51
Date of hearing: 20 May 2013
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 45
Counsel for the Appellant: Mr M Albert
Solicitor for the Appellant: Victoria Legal Aid
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