Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZTFX v Minister for Immigration and Border Protection [2015] FCA 402 Citation: SZTFX v Minister for Immigration and Border Protection [2015] FCA 402
Appeal from: Application for extension of time: SZTFX v Minister for Immigration & Anor [2014] FCCA 361
Parties: SZTFX v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and MICHAEL GRIFFIN IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER
File number: NSD 1228 of 2014
Judge: MCKERRACHER J
Date of judgment: 30 April 2015
Catchwords: MIGRATION – application for extension of time – explanation for delay – merits of substantive application – appeal from refusal of protection visa – whether independent merits reviewer failed to consider post interview submissions – whether independent merits reviewer failed to consider, either severally or cumulatively, the applicant's claims that he had been denied basic rights incidental to nationality and the discriminatory conduct which might flow from the alleged discriminatory refusal of nationality – whether such claims constituted a fear of serious harm under the Convention as defined in s 91R of the Migration Act 1958 (Cth)
Legislation: Migration Act 1958 (Cth) ss 36, 91R Federal Court Rules 2011 (Cth) r 36.05
Cases cited: Applicant WAEE v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 75 ALD 630 Gallo v Dawson (1990) 93 ALR 479 Plaintiff M61/2010E v Commonwealth (2010) 243 CLR 319
Date of hearing: 23 February 2015
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