Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZUYK v Minister for Immigration and Border Protection [2016] FCA 216 Appeal from: SZUYK v Minister for Immigration & Border Protection [2015] FCCA 2448
File number: NSD 1244 of 2015
Judge: FARRELL J
Date of judgment: 7 March 2016
Catchwords: MIGRATION – appeal from Federal Circuit Court – protection visa – whether it was open to the Tribunal to rely on factual findings made in relation to the refugee criterion when considering the complementary protection criterion – consideration of ss 36(2)(a) and 36(2)(aa) of the Migration Act 1958 (Cth)
Legislation: Migration Act 1958 (Cth) ss 36(2), 36(2A), 91R(1)(c) (repealed)
Cases cited: Dranichnikov v Minister for Immigration & Multicultural Affairs (2003) 197 ALR 389; [2003] HCA 26 Htun v Minister for Immigration & Multicultural Affairs (2001) 194 ALR 244; [2001] FCA 1802 Minister for Immigration and Citizenship v SZQRB (2013) 210 FCR 505; [2013] FCAFC 33 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1; [2004] FCAFC 263 SZSFK v Minister for Immigration & Citizenship [2013] FCCA 7 SZSHK v Minister for Immigration & Border Protection (2013) 138 ALD 26; [2013] FCAFC 125 SZUYK v Minister for Immigration & Border Protection [2015] FCCA 2448
Date of hearing: 17 February 2016
Date of last submissions: 4 March 2016
Registry: New South Wales
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