Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MZZMQ v Minister for Immigration and Border Protection [2015] FCA 557 Citation: MZZMQ v Minister for Immigration and Border Protection [2015] FCA 557
Appeal from: Application for Extension of Time and Leave to Appeal: MZZMQ v Minister for Immigration & Anor [2013] FCCA 1742
Parties: MZZMQ v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL
File number: VID 777 of 2014
Judge: KATZMANN J
Date of judgment: 5 June 2015
Catchwords: MIGRATION — protection visa — whether error in test applied or question asked in applying Migration Act 1958 (Cth) s 91R(2)(a) — whether Tribunal erroneously applied a qualitative assessment of the threat to the applicant's liberty for the purpose of determining whether the persecution he feared involved serious harm— reliance on WZAPN v Minister for Immigration and Border Protection [2014] FCA 947 — whether appropriate to reserve judgment until High Court decision in WZAPN handed down
Legislation: Evidence Act 1995 (Cth) ss 75, 76 Federal Court of Australia Act 1976 (Cth) s 24(1A) Federal Court Rules 2011 (Cth) r 35.13 Migration Act 1958 (Cth) ss 65, 91R, 474, 496
Cases cited: Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 Applicant S v Minister for Immigration and Multicultural Affairs (2004) 217 CLR 387 BZAFM v Minister for Immigration and Border Protection [2015] FCAFC 41 Chen Shi Hai v Minister for Immigration and Multicultural Affairs (2000) 201 CLR 293 Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Grabovsky v Secretary, Department of Social Services [2015] FCA 244 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Israelian (2001) 206 CLR 323 Plaintiff S157 v The Commonwealth of Australia (2003) 211 CLR 476 SZTEQ v Minister for Immigration and Border Protection [2015] FCAFC 39 SZTEQ v Minister for Immigration and Border Protection [2015] FCAFC 39 SZTIB v Minister for Immigration and Border Protection [2015] FCAFC 40 WZAPN v Minister for Immigration and Border Protection [2014] FCA 947
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