SZSYS v Minister for Immigration and Border Protection [2014] FCA 857

FEDERAL COURT OF AUSTRALIA

SZSYS v Minister for Immigration and Border Protection [2014] FCA 857 Citation: SZSYS v Minister for Immigration and Border Protection [2014] FCA 857

Appeal from: SZSYS & Ors v Minister for Immigration & Border Protection & Anor [2014] FCCA 965

Parties: SZSYS BY HIS LITIGATION REPRESENTATIVE, SZSYT, SZSYT and SZSYU v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL

File number: NSD 547 of 2014

Judge: KATZMANN J

Date of judgment: 14 August 2014

Catchwords: MIGRATION – protection visa – whether decision of Refugee Review Tribunal was manifestly unreasonable – whether Tribunal's decision was affected by legal or factual error

Legislation: Federal Court of Australia Act 1976 (Cth) s 27 Federal Court Rules 2011 (Cth) rr 1.34, 36.57 Migration Act 1958 (Cth) ss 36, 36(2)(a), 36(2)(aa), 36(2)(b), 36(2A), 47(4), 48A, 91R, 91R(2), 411, 441C(4)

Cases cited: Emiantor v Minister for Immigration and Multicultural Affairs (1997) 48 ALD 635 Kopalapillai v Minister for Immigration and Multicultural Affairs (1998) 86 FCR 547 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Border Protection v Singh (2014) 308 ALR 280; [2014] FCAFC 1 Minister for Immigration and Citizenship v SZIAI (2009) 259 ALR 429; [2009] HCA 39 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Border Protection v SZRTF [2013] FCA 1377 Sobey v Nicol and Davies as Joint and Several Receivers and Managers of the Property of Mercorella and the Scheme and as Joint and Several Liquidators of the Scheme (2007) 245 ALR 389 SZQBI v Minister for Immigration and Citizenship [2011] FCA 1388 SZSLS v Minister for Immigration and Border Protection [2013] FCA 1187