Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZTJY v Minister for Immigration and Border Protection [2016] FCA 1185 Appeal from: SZTJY v Minister for Immigration & Anor [2016] FCCA 769
File number: NSD 655 of 2016
Judge: BURLEY J
Date of judgment: 4 October 2016
Catchwords: MIGRATION – application for a Protection (Class XA) Visa on basis of Tamil ethnicity, Hindu religion and religious involvement, suspected support for the LTTE, support for a Tamil political candidate and being a Tamil man who departed Sri Lanka illegally – refusal by a delegate of the Minister for Immigration and Border Protection – review of the delegate's decision by the Refugee Review Tribunal – application for judicial review in Federal Circuit Court of Australia – whether Refugee Review Tribunal failed to consider appellant's claim, relevant material and information, and appellant's entitlement to complementary protection – whether Refugee Review Tribunal made an irrational, illogical or unreasonable finding – whether pursuant to the Migration Act 1958 (Cth) s 425 the appellant should have been invited to respond to the issue of whether he could obtain bail if placed in custody on return to Sri Lanka ADMINISTRATIVE LAW – appellant seeking merits review – role of the Court to decide whether decision made by legal error which warrants setting the decision aside
Legislation: Migration Act 1958 (Cth) ss 36, 420, 422B, 424A, 425 Federal Court of Australia Act 1976 (Cth) s 24
Cases cited: Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Minister for Immigration and Border Protection v SZTQS [2015] FCA 1069; (2015) ALD 507 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; (2009) 83 ALJR 1123 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 [2003] HCA 30; (2003) 198 ALR 59 Re Minister for Immigration and Multicultural Affairs, Ex parte Durairajasingham [2000] HCA 1; (2000) 168 ALR 407 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 SZBYR v Minister for Immigration and Citizenship [2007] HCA 26; (2007) 235 ALR 609 SZTAP v Minister for Immigration and Border Protection (2015) 238 FCR 404 SZTJY v Minister for Immigration & Anor [2016] FCCA 769 VWFW v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCAFC 29
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