SZURL v Minister for Immigration and Border Protection [2015] FCA 864

FEDERAL COURT OF AUSTRALIA

SZURL v Minister for Immigration and Border Protection [2015] FCA 864 Citation: SZURL v Minister for Immigration and Border Protection [2015] FCA 864

Appeal from: SZURL v Minister for Immigration & Anor [2015] FCCA 957

Parties: SZURL v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL

File number: NSD 497 of 2015

Judge: KATZMANN J

Date of judgment: 18 August 2015

Catchwords: MIGRATION – protection visa – Bangladeshi national claiming to fear persecution by reason of his political opinion – whether Refugee Review Tribunal failed to consider his claim in the light of recent country information – whether any such failure would give rise to jurisdictional error – whether Tribunal considered all his claims – late allegation of failure of Tribunal to make its own inquiries

Legislation: Migration Act 1958 (Cth), ss 5, 36, 65, 91R, 414, 415

Cases cited: Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473 Chan v Minister for Immigration & Ethnic Affairs (1989) 169 CLR 379 Htun v Minister for Immigration and Multicultural Affairs [2001] FCA 1802; 194 ALR 244 Minister for Aboriginal Affairs v Peko Wallsend (1986) 162 CLR 24 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; 259 ALR 429 Minister for Immigration and Ethnic Affairs v Y (unreported, Davies J, 15 May 1998) Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 NAHI v Minister for Immigration & Multicultural Affairs [2004] FCAFC 10 NBKT v Minister for Immigration and Multicultural Affairs (2006) 156 FCR 419 Tanji v Minister for Immigration & Multicultural Affairs [2001] FCA 1100 V v Minister for Immigration & Multicultural Affairs (1999) 92 FCR 355