Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZSLM v Minister for Immigration and Border Protection [2014] FCA 945 Citation: SZSLM v Minister for Immigration and Border Protection [2014] FCA 945
Appeal from: SZSLM v Minister for Immigration & Anor [2014] FCCA 1043
Parties: SZSLM v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL
File number: NSD 584 of 2014
Judge: JACOBSON J
Date of judgment: 2 September 2014
Catchwords: MIGRATION – whether an error in construction of s 416 of the Migration Act 1958 (Cth) – whether a misapplication of the test stated in s 36(2)(aa) of the Migration Act 1958 (Cth) - due to consideration of risk of harm by reference to wrong class of persons
Legislation: Migration Act 1958 (Cth) s 416
Cases cited: Bhatt v Minister for Immigration & Citizenship [2012] FMCA 317; (2012) 262 FLR 219 Minister for Immigration and Citizenship v SZQOY [2012] FCAFC 131; (2012) 294 ALR 84 NEJAD v Minister for Immigration and Multicultural Affairs (1997) 79 FCR 153 SNZOL v Minister for Immigration and Citizenship [2012] FCA 917 Sun v Minister for Immigration and Ethnic Affairs (1997) 81 FCR 71 Plaintiff S 157/2002 v The Commonwealth (2003) 211 CLR 476
Date of hearing: 2 September 2014
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 59
Counsel for the Appellant: Mr M Jones
Solicitor for the Appellant: Michael Jones Solicitors
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