Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZTDY v Minister for Immigration and Border Protection [2015] FCA 303 Citation: SZTDY v Minister for Immigration and Border Protection [2015] FCA 303
Appeal from: Application for an extension of time and leave to appeal: SZTDY v Minister for Immigration and Border Protection [2013] FCCA 2156
Parties: SZTDY v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL
File number: NSD 2616 of 2013
Judge: PERRY J
Date of judgment: 1 April 2015
Catchwords: MIGRATION – application for leave to appeal from Federal Circuit Court - whether Refugee Review Tribunal failed to consider applicant's alleged claim regarding membership of "young Tamil males" social group – whether claim was clearly and separately articulated or arose squarely in the materials before the Tribunal – whether claim supported by probative material – whether Refugee Review Tribunal applied the wrong test under s 36(2)(a) of the Migration Act 1958 (Cth)
Legislation: Federal Circuit Court Rules 2001 (Cth) r 44.12(1)(a) Federal Court of Australia Act 1976 (Cth) s 24(1A) Federal Court Rules 2011 (Cth) r 1.61(5), 4.12 Migration Act 1958 ss 36(2), 65, 91R, 414, 415 Convention relating to the Status of Refugees, opened for signature 28 July 1951, 189 UNTS 137 (entered into force 22 April 1954) Protocol relating to the Status of Refugees, opened for Signature 31 January 1967, 606 UNTS 267 (entered into force 4 October 1967)
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