Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZVWN v Minister for Immigration and Border Protection [2016] FCA 1329 Appeal from: SZVWN v Minister for Immigration & Anor [2016] FCCA 1665
File number: NSD 1095 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" – whether Tribunal failed to consider claim for protection
Legislation: Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa), s 36(2A), 91R(1)(a), 91R(1)(b), 91R(1)(c)
Cases cited: Minister for Immigration and Citizenship v SZMDS and Another (2010) 240 CLR 611; [2010] HCA 16 Minister for Immigration and Ethnic Affairs v Wu Chan Liang and Others (1996) 187 CLR 259; [1996] HCA 6 Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611; [1999] HCA 21 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1; [2004] FCAFC 263 SDAQ v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 129 FCR 137; [2003] FCAFC 120
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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