Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZSZW v Minister for Immigration and Border Protection [2015] FCA 562 Citation: SZSZW v Minister for Immigration and Border Protection [2015] FCA 562
Appeal from: SZSZW v Minister for Immigration & Anor [2015] FCCA 402
Parties: SZSZW v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL
File number: NSD 222 of 2015
Judge: PERRY J
Date of judgment: 5 June 2015
Catchwords: MIGRATION – appeal from Federal Circuit Court dismissing application for judicial review of Refugee Review Tribunal decision – approach to reading Tribunal reasons – whether Tribunal failed to consider increased risk of persecution by reason of visible scars in context of returned asylum seeker claim – whether Tribunal failed to consider fear of persecution in process of assessing if appellant is a person of interest if returned – whether Tribunal failed to consider claim to fear persecution by extortion if returned to country of nationality – where Tribunal did not expressly consider extortion claim – where Tribunal did not subsume finding on extortion claim into findings of greater generality – appeal allowed
Legislation: Migration Act 1958 (Cth), ss 36(2), 65, 91R, 414, 415 Convention relating to the Status of Refugees, opened for signature 28 July 1951, 189 UNTS 137 (entered into force 22 April 1954) Protocol relating to the Status of Refugees, opened for signature 31 January 1967, 606 UNTS 267 (entered into force 4 October 1967)
Cases cited: Fang Wang v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1044 Htun v Minister for Immigration and Multicultural Affairs [2001] FCA 1802; (2001) 194 ALR 244 Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114; (2013) 136 ALD 547 Minister for Immigration and Ethnic Affairs v Guo [1997] HCA 22; (1997) 191 CLR 559 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 SZCBT v Minister for Immigration and Multicultural Affairs [2007] FCA 9 SZQPA v Minister for Immigration & Anor [2012] FMCA 123 SZTDY v Minister for Immigration and Border Protection [2015] FCA 303 WAEE v Minister for Immigration and Multicultural Affairs [2003] FCAFC 184; (2003) 75 ALD 630
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