Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZTMD v Minister for Immigration and Border Protection [2015] FCA 150 Citation: SZTMD v Minister for Immigration and Border Protection [2015] FCA 150
Appeal from: SZTMD v Minister for Immigration and Border Protection and Anor [2014] FCCA 1523
Parties: SZTMD v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL
File number(s): NSD 776 of 2014
Judge(s): PERRAM J
Date of judgment: 4 March 2015
Catchwords: PRACTICE AND PROCEDURE – application to amend – whether amendment should be allowed MIGRATION – decision of Refugee Review Tribunal affirming decision to refuse applicant a protection visa – whether Tribunal required to consider Ministerial directions or country information – whether Tribunal considered evidence of applicant's psychological state when considering complimentary protection issue
Legislation: Migration Act 1958 (Cth) ss 36(2)(aa), 414, 415, 420, 430(1), 499 Federal Circuit Court Rules 2001 (Cth) r 44.12(2)
Cases cited: Australian Heritage Commission v Mount Isa Mines Ltd (1995) 60 FCR 456 Bienstein v Bienstein (2003) 195 ALR 225 Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Minister for Immigration and Citizenship v SZIZO (2009) 238 CLR 627 Minister for Immigration and Citizenship v SZKTI (2009) 238 CLR 489 Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323
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