Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZWDK v Minister for Immigration and Border Protection [2016] FCA 979 Appeal from: SZWDK v Minister For Immigration & Anor [2015] FCCA 2164
File number: NSD 1043 of 2015
Judge: WIGNEY J
Date of judgment: 16 August 2016
Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – where primary judge dismissed an application for judicial review of a decision of the Refugee Review Tribunal – where Tribunal affirmed decision of a delegate of the Minister for Immigration and Border Protection not to grant a protection visa – Migration Act 1958 (Cth), s 5(1) – whether the Tribunal misconstrued the expressions "intentionally inflicted" and "intended to cause" in the definitions of "cruel or inhuman treatment or punishment" and "degrading treatment or punishment" – application of the decision of the Full Court of the Federal Court of Australia in SZTAL v Minister for Immigration and Border Protection [2016] FCAFC 69
Legislation: Migration Act 1958 (Cth), ss 5(1)
Cases cited: SZTAL v Minister for Immigration and Border Protection [2015] FCCA 64 SZTAL v Minister for Immigration and Border Protection [2016] FCAFC 69
Date of hearing: 16 August 2016
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 26
Counsel for the Appellant: The appellant appeared in person
Counsel for the First Respondent: Ms S Burnett of Clayton Utz
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