Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZTFA v Minister for Immigration and Border Protection [2016] FCA 153 Appeal from: SZTFA v Minister for Immigration & Anor [2015] FCCA 2350
File number: NSD 1130 of 2015
Judge: LOGAN J
Date of judgment: 26 February 2016
Catchwords: PRACTICE AND PROCEDURE – application to dispose of appeal by allowing appeal and remitting matter to Administrative Appeals Tribunal for determination – where parties have agreed consent orders to this effect – where disposal of appeal is dealt with without oral hearing – r 36.41(g) Federal Court Rules 2011 (Cth) – judicial discretion to make order in accordance with terms of written consent of parties – r 39.11 Federal Court Rules 2011 (Cth) – where parties have not proffered explanation for agreement that appeal ought to be allowed – further submissions provided identifying error of law and basis of concession that appeal ought to be allowed – order made in terms of consent pursuant to r 39.11 Federal Court Rules 2011 (Cth). MIGRATION – application for Protection (Class XA) visa – whether Federal Circuit Court erred in applying the test of a well-founded fear of persecution – whether Federal Circuit Court erred in its consideration of the reasonableness of relocation.
Legislation: Federal Court Rules 2011 (Cth) rr 36.41(1)(g), 39.11
Date of hearing: 26 February 2016
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 13
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