SZUOW v Minister for Immigration and Border Protection [2016] FCA 871

FEDERAL COURT OF AUSTRALIA

SZUOW v Minister for Immigration and Border Protection [2016] FCA 871 Appeal from: SZUOW v Minister for Immigration & Anor [2016] FCCA 1003

File number: NSD 747 of 2016

Judge: ROBERTSON J

Date of judgment: 2 August 2016

Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the then Refugee Review Tribunal – Tribunal affirmed decision not to grant the appellant a Protection (Class XA) visa – whether jurisdictional error on the part of the Tribunal – whether Tribunal proceeded without taking into account the appellant's dizziness or injury – whether Tribunal failed to take into account the appellant's fear of persecution and the harm he said he would face as a result of the previous harm and the country information – whether Tribunal failed to ask itself what will happen to the appellant if he went back to Egypt, especially as a targeted person – whether Tribunal misapplied the law and misunderstood the appellant's claim and evidence and what happened to him at the hand of his previous migration agent – whether it was reasonably open to Tribunal not to accept the appellant's evidence

Legislation: Migration Act 1958 (Cth) ss 36, 65

Date of hearing: 2 August 2016

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 27

Counsel for the Appellant: The Appellant appeared in person with the aid of an interpreter