Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZSRU v Minister for Immigration and Border Protection [2014] FCA 1252 Citation: SZSRU v Minister for Immigration and Border Protection [2014] FCA 1252
Appeal from: SZSRU v Minister for Immigration & Anor [2014] FCCA 1549
Parties: SZSRU v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL
File number: NSD 809 of 2014
Judge: KATZMANN J
Date of judgment: 21 November 2014
Catchwords: MIGRATION – protection visa – whether primary judge erred in finding that Refugee Review Tribunal addressed all of the appellant's claims – whether primary judge erred in finding that the tribunal applied the correct standard of proof – whether primary judge erred by making a factual assumption – whether Minister for Immigration and Citizenship v SZQPA (2012) 133 ALD 292 distinguishable – whether tribunal applied incorrect test for "serious harm" under s 91R(2)(a) of Migration Act 1958 (Cth)
Legislation: Federal Court of Australia Act 1976 (Cth) s 24(1)(d) Migration Act 1958 (Cth) ss 36, 46A, 65, 91R, 476
Cases cited: Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 Minister for Immigration and Citizenship v SZQPA (2012) 133 ALD 292; [2012] FCA 1025 Minister for Immigration and Citizenship v SZQRB (2013) 210 FCR 505 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 SZQPA v Minister for Immigration and Citizenship [2012] FMCA 123 SZSHK v Minister for Immigration and Border Protection (2013) 138 ALD 26; [2013] FCAFC 125 WZAPN v Minister for Immigration and Border Protection [2014] FCA 947 WZAQR v Minister for Immigration and Border Protection (2013) 138 ALD 17; [2013] FCAFC 122
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