Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZRFP v Minister for Immigration and Border Protection [2016] FCA 522 Appeal from: SZRFP v Minister for Immigration & Anor [2015] FCCA 1567
File number: NSD 732 of 2015
Judge: PERRY J
Date of judgment: 13 May 2016
Catchwords: MIGRATION – appeal from decision of Federal Circuit Court dismissing an application for judicial review of International Treaties Obligations Assessment – application of s 197C of the Migration Act 1958 (Cth) – whether assessor asked the wrong question in applying country information – appeal dismissed.
Legislation: Federal Court of Australia Act 1976 (Cth) s 43(2) Migration Act 1958 (Cth) ss 36, 197C Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, opened for signature 10 December 1984, 1465 UNTS 85, [1989] ATS 21 (entered into force 26 June 1987) Convention relating to the Status of Refugees, opened for signature 28 July 1951, 189 UNTS 137, [1954] ATS 5 (entered into force 22 April 1954) International Covenant on Civil and Political Rights, opened for signature 16 December 1966, 999 UNTS 171, [1980] ATS 23 (entered into force 23 March 1976) Protocol relating to the Status of Refugees, opened for signature 31 January 1967, 606 UNTS 267, [1973] ATS 37 (entered into force 4 October 1967)
Cases cited: ALA15 v Minister for Immigration and Border Protection [2016] FCAFC 30 AZK15 v Minister for Immigration and Border Protection [2015] FCA 1444 Dranichnikov v Minister for Immigration and Citizenship [2003] HCA 26; (2003) 197 ALR 389 Htun v Minister for Immigration and Multicultural Affairs [2001] FCA 1802; (2001) 233 FCR 136 Minister for Immigration and Citizenship v SZQRB [2013] FCAFC 33; (2013) 210 FCR 505 MZXRN v Minister for Immigration and Citizenship [2008] FCA 1622 NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10 Plaintiff M61/2010E v Commonwealth of Australia [2010] HCA 41; (2010) 243 CLR 319 Ruddock v Vadarlis [2001] FCA 1865; (2001) 115 FCR 229 SZQDZ v Minister for Immigration and Citizenship [2012] FCAFC 26; (2012) 200 FCR 207 SZRFP v Minister for Immigration and Citizenship [2012] FMCA 959 SZSSJ v Minister for Immigration and Border Protection [2015] FCAFC 125; (2015) 234 FCR 1 WAFU v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1238
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