Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZVUV v Minister for Immigration and Border Protection [2016] FCA 1325 Appeal from: SZVUV v Minister for Immigration & Anor [2016] FCCA 1592
File number: NSD 1032 of 2016
Judge: BARKER J
Date of judgment: 9 November 2016
Catchwords: MIGRATION – application for protection (class XA) visa – appeal from Federal Circuit Court of Australia – whether primary judge committed jurisdictional error – whether Tribunal erred by failing to consider whether circumstances of appellant's likely detention upon return to his country of nationality might involve harm "intentionally inflicted"
Legislation: Migration Act 1958 (Cth), ss 5(1), 36(2)(a), 36(2)(aa), 36(2A), 65, 91R(1)(a), 91R(1)(b), 91R(1)(c), 425
Cases cited: Minister for Immigration and Border Protection v SZTQS (2015) 148 ALD 507; [2015] FCA 1060 Plaintiff S157/2002 v The Commonwealth of Australia (2003) 211 CLR 476; [2003] HCA 2 SLMB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 129 SZTAL v Minister for Immigration and Border Protection [2016] FCAFC 69 VAAC v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 129 FCR 168; [2003] FCAFC 74 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588; [2004] FCAFC 158
Date of hearing: 9 November 2016
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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