Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZVDH v Minister for Immigration and Border Protection [2017] FCA 78 Appeal from: SZVDH v Minister for Immigration & Anor [2016] FCCA 1909
File number: NSD 1380 of 2016
Judge: BURLEY J
Date of judgment: 10 February 2017
Catchwords: MIGRATION – application for a Protection (Class XA) visa – whether Refugee Review Tribunal addressed all appellant's claims, adopted an active intellectual process, applied the correct legal tests or made unreasonable findings – real chance test – no onus of proof in Tribunal proceedings ADMINISTRATIVE LAW – role of the Court to decide whether decision was invalid by reason of jurisdictional error – role of the Court not to consider factual merits of Tribunal's decision
Legislation: Federal Court of Australia Act 1976 (Cth) s 24 Migration Act 1958 (Cth) s 36
Cases cited: Bat Advocacy NSW Inc v Minister for Environment Protection, Heritage and the Arts [2011] FCAFC 59 Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; (2009) 83 ALJR 1123 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 Minister for Immigration and Multicultural Affairs v Jia (2001) 205 CLR 507 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 (2006) 231 CLR 1 SZVDH v Minister for Immigration & Anor [2016] FCCA 1909 SZVVR v Minister for Immigration and Border Protection [2016] FCA 1364 Tickner v Chapman (1995) 57 FCR 451
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