Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZTMQ v Minister for Immigration and Border Protection [2015] FCA 535 Citation: SZTMQ v Minister for Immigration and Border Protection [2015] FCA 535
Appeal from: SZTMQ v Minister for Immigration & Anor [2015] FCCA 381
Parties: SZTMQ v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL
File number: NSD 198 of 2015
Judge: MCKERRACHER J
Date of judgment: 2 June 2015
Catchwords: MIGRATION – whether the Refugee Review Tribunal applied an incorrect test of 'reasonable level' of state protection under the complementary criterion rather than the test of real risk of significant harm required by s 36(2B)(b) of the Migration Act 1958 (Cth) – whether the Refugee Review Tribunal failed to consider the appellant's complementary protection claims as a whole pursuant to s 36(2)(aa) – whether the Refugee Review Tribunal was required to, and failed to, consider s 36(2B)(b)
Legislation: Migration Act 1958 (Cth) ss 36(2)(aa), 36(2B)(b)
Cases cited: Minister for Immigration and Citizenship v MZYYL (2012) 207 FCR 211 Razai v Minister for Immigration and Citizenship [2012] FCA 394 SZSFK v Minister for Immigration & Anor [2013] FCCA 7 SZSGA v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCA 774 SZSHK v Minister for Immigration & Border Protection (2013) 138 ALD 26 SZSJC v Minister for Immigration & Anor [2013] FCCA 1755 SZSXE v Minister for Immigration & Border Protection [2014] FCA 867
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