Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZTPM v Minister for Immigration and Border Protection [2015] FCA 813 Citation: SZTPM v Minister for Immigration and Border Protection [2015] FCA 813
Appeal from: SZTPM v Minister for Immigration & Anor [2015] FCCA 754
Parties: SZTPM v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and ADMINISTRATIVE APPEALS TRIBUNAL
File number: NSD 285 of 2015
Judge: PERRY J
Date of judgment: 11 August 2015
Catchwords: MIGRATION – appeal against Federal Circuit Court decision refusing application for judicial review of decision by Refugee Review Tribunal – where Tribunal affirmed decision not to grant the appellant a protection visa –whether Tribunal properly applied "real chance" test in assessing whether appellant had a well-founded fear of persecution – whether Tribunal required to assess alternative scenario on assumption that its findings were wrong – whether Tribunal's decision unreasonable or irrational – observations on the desirability of the Tribunal's usual practice of summarising the Tribunal hearing in its reasons – appeal dismissed
Legislation: Federal Court Rules 2011 (Cth), r 36.75 Migration Act 1958 (Cth), ss 36(2)(a), 36(2)(aa), 65, 415, 430 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: Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration and Ethnic Affairs v Guo [1997] HCA 22; (1997) 191 CLR 559 Minister for Immigration and Multicultural Affairs v Rajalingam [1999] FCA 719; (1999) 93 FCR 220 Prashar v Minister for Immigration and Multicultural Affairs [2001] FCA 1573; (2001) 115 FCR 197 SZRPT v Minister for Immigration and Border Protection [2014] FCA 24 SZTPM v Minister for Immigration & Anor [2015] FCCA 754
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