Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZSYE v Minister for Immigration and Border Protection [2015] FCA 449 Citation: SZSYE v Minister for Immigration and Border Protection [2015] FCA 449
Appeal from: SZSYE v Minister for Immigration & Anor [2015] FCCA 433
Parties: SZSYE v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL
File number: NSD 207 of 2015
Judge: BROMBERG J
Date of judgment: 7 May 2015
Catchwords: MIGRATION—application for Protection (Class XA) visa—appellant claimed well-founded fear of persecution arising from ethnicity, actual/perceived/imputed political opinion, and membership of particular social group—whether FCCA erred in failing to discern jurisdictional error in RRT's decision—whether illogicality in RRT's fact-finding—whether RRT erred in failing to consider future deprivation of liberty—whether RRT erred in consideration of "serious harm" for s 91R Migration Act—whether RRT failed to consider complementary protection claim—appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa), 91R, 91R(1)
Cases cited: SZSYE v Minister for Immigration and Border Protection [2015] FCCA 433 Chen Shi Hai v Minister for Immigration and Multicultural Affairs (2000) 201 CLR 293 SZTEQ v Minister for Immigration and Border Protection [2015] FCAFC 39 WZAPN v Minister for Immigration and Border Protection [2014] FCA 947 SZSRU v Minister for Immigration and Border Protection [2014] FCA 1252
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