Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZTMH v Minister for Immigration & Border Protection [2015] FCA 124 Citation: SZTMH v Minister for Immigration & Border Protection [2015] FCA 124
Appeal from: SZTMH v Minister for Immigration & Anor [2014] FCCA 1807
Parties: SZTMH v MINISTER FOR IMMIGRATION & BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL
File number: NSD 927 of 2014
Judge: RANGIAH J
Date of judgment: 27 February 2015
Catchwords: MIGRATION – refusal of protection visa – whether risk of serious harm under s 91R of Migration Act 1958 (Cth) – whether apprehended bias –grounds of appeal not made out COSTS – application for personal costs order against solicitor – whether s 486E of Migration Act 1958 (Cth) contravened – whether appeal had reasonable prospect of success – where one ground had a reasonable prospect of success – where remaining grounds had no reasonable prospect of success – no contravention of s 486E
Legislation: Evidence Act 1995 (Cth) ss 140(1) and 140(2) Migration Act 1958 (Cth) ss 36(2), 91R, 486E and 486F Refugees Convention Article 1A(2)
Cases cited: Briginshaw v Briginshaw (1938) 60 CLR 336 cited Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 cited Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Australian Competition and Consumer Commission (2007) 162 FCR 466 cited Hot Holdings Pty Limited v Creasy (2002) 210 CLR 438 cited Lemoto v Able Technical Pty Ltd (2005) 63 NSWLR 300 cited Levick v Deputy Commission of Taxation [2000] FCA 674 cited Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 cited NAHI v Minister for Immigration and Multicultural Affairs [2004] FCAFC 10 cited Park v Brothers (2005) 80 ALJR 317 cited Re JRL; Ex parte CJL (1986) 161 CLR 342 cited Re Refugee Review Tribunal; Ex parte H (2001) 75 ALJR 982 cited Ridehalgh v Horsefield [1994] Ch 205 cited SZFDZ v Minister for Immigration and Multicultural Affairs (2006) 155 FCR 482 cited SZRUI v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCAFC 80 cited SZVAG & Anor v Minister for Immigration & Anor (No. 2) [2014] FCCA 2536 cited VBAO v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 233 CLR 1 cited WZAPN v Minister for Immigration and Border Protection [2014] FCA 947 cited
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