SZSXE v Minister for Immigration and Border Protection [2014] FCA 867

FEDERAL COURT OF AUSTRALIA

SZSXE v Minister for Immigration and Border Protection [2014] FCA 867 Citation: SZSXE v Minister for Immigration and Border Protection [2014] FCA 867

Appeal from: SZSXE v Minister for Immigration & Anor [2014] FCCA 579

Parties: SZSXE v MINISTER FOR IMMIGRATION AND BORDER PROTECTION AND LUKE HARDY IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER

File number: NSD 378 of 2014

Judge: WIGNEY J

Date of judgment: 6 August 2014

Catchwords: MIGRATION – judicial review – application for protection visa – whether the primary judge erred in finding that the independent merits reviewer applied the correct test for complementary protection – whether the independent merits reviewer impermissibly imported the Refugee Convention test or conflated that test with the complementary protection criterion test – whether the independent merits reviewer erred in considering the motivation of the Taliban to harm the appellant in the past when considering the appellant's complementary protection claims – whether the independent merits reviewer erred in applying both tests to the same findings of fact – whether the independent merits reviewer ignored a claim relating to attacks on the Afghani population generally or in Kabul

Legislation: Migration Act 1958 (Cth)

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 75 ALD 630 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 NABE v The Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 Plaintiff M61/2010E v Commonwealth of Australia (2010) 243 CLR 319 SZSHK v Minister for Immigration and Border Protection (2013) 138 ALD 26 SZSRY v Minister for Immigration [2014] FCCA 1284