Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZTFR v Minister for Immigration and Border Protection [2015] FCA 545 Citation: SZTFR v Minister for Immigration and Border Protection [2015] FCA 545
Appeal from: SZTFR v Minister for Immigration & Anor [2014] FCCA 1897
Parties: SZTFR v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL
File number(s): NSD 934 of 2014
Judge(s): BENNETT J
Date of judgment: 2 June 2015
Catchwords: MIGRATION – whether the Tribunal decision was illogical or irrational, or legally unreasonable – whether the Tribunal failed to consider an integer of the appellant's claim – whether the Tribunal misapplied s 91R of the Migration Act 1958 (Cth) – whether WZAPN v Minister for Immigration and Border Protection [2014] FCA 947 determines the ground of appeal – whether Sri Lanka's unlawful departure laws were of general application and were appropriate and adapted to achieving a legitimate state objective
Legislation: Migration Act 1958 (Cth) ss 36(2)(aa), 91R(1) Federal Court Rules 2011 (Cth) r 4.12 The Convention Relating to the Status of Refugees done at Geneva on 28 July 1951, as amended by the Protocol Relating to the Status of Refugees done at New York 1967 Art 1A
Cases cited: Applicant S v Minister for Immigration and Multicultural Affairs (2004) 217 CLR 387 BZAFM v Minister for Immigration and Border Protection [2015] FCAFC 41 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 Erduran v Minister for Immigration and Multicultural Affairs (2002) 122 FCR 150 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Citizenship v SZNWC and Another (2010) 190 FCR 23 Minister for Immigration and Citizenship v SZQPA [2012] FCA 1025 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB (2004) 207 ALR 12 SZOOR v Minister for Immigration and Citizenship [2012] FCAFC 58 SZTEQ v Minister for Immigration and Border Protection [2015] FCAFC 39 SZTIB v Minister for Immigration and Border Protection [2015] FCAFC 40 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 158 WAIJ v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 74 WZAPN v Minister for Immigration and Border Protection [2014] FCA 947
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