Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZSWD v Minister for Immigration & Border Protection [2015] FCA 1271 Citation: SZSWD v Minister for Immigration & Border Protection [2015] FCA 1271
Appeal from: SZSWD & Anor v Minister for Immigration & Anor [2015] FCCA 704
Parties: SZSWD and SZSWE v MINISTER FOR IMMIGRATION & BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL
File number: NSD 291 of 2015
Judge: GILMOUR J
Date of judgment: 19 November 2015
Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia – application for a protection visa – fear of persecution on the basis of actual or imputed political opinion – appellant's response to the Minister's letter sent pursuant to s 424A of the Migration Act 1958 (Cth) – consideration of the appellant's response after the Tribunal reproduced submissions from another file – application of the "real chance" test under s 36 of the Act – relevance of disadvantage claimed to arise from worsening economic situation – application of legal principles with respect to modified conduct.
Legislation: Migration Act 1958 (Cth) ss 36(2)(a), 46A, 91R(1)(b), 91R(2)(d), 414, 424A
Cases cited: Appellant S395/2002 v Minister for Immigration & Multicultural Affairs (2003) 216 CLR 473 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 75 ALD 630 Chan Yee Kin v The Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 Minister for Immigration and Border Protection v MZYTS (2013) 136 ALD 547 Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99 Minister for Immigration and Border Protection v MZYTS (2013) 136 ALD 547 Minister for Immigration and Border Protection v SZSRS (2014) 309 ALR 67 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 228 CLR 294 SGKB v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 76 ALD 381 SZSQL v Minister for Immigration and Border Protection [2015] FCA 294 SZSSY v Minister for Immigration and Border Protection [2014] FCA 1144 SZTFI v Minister for Immigration & Border Protection [2015] FCA 322
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