SZUPK v Minister for Immigration and Border Protection [2017] FCA 741

FEDERAL COURT OF AUSTRALIA

SZUPK v Minister for Immigration and Border Protection [2017] FCA 741 Appeal from: SZUPK v Minister for Immigration & Anor [2016] FCCA 2095

File number: NSD 2107 of 2016

Judge: LOGAN J

Date of judgment: 10 May 2017

Catchwords: MIGRATION – application for protection visa – decision of Refugee Review Tribunal refusing protection visa – decision of primary judge affirming decision of Tribunal – whether failure to consider claim – whether Tribunal erred in failing to consider ground of political opinion – whether extortion can amount to persecution for a Convention reason – whether failure to consider whether extortion amounts to persecution in circumstances – where Tribunal did not accept that the appellant had been targeted or threatened for extortion as claimed – appeal dismissed

Legislation: Migration Act 1958 (Cth)

Cases cited: Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 1088 Rajaratnam v Minister for Immigration and Multicultural Affairs (2000) 62 ALD 73 SZTAP v Minister for Immigration and Border Protection (2015) 238 FCR 404

Date of hearing: 10 May 2017

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 17

Counsel for the Appellant: The appellant appeared in person

Solicitor for the Respondents: DLA Piper

ORDERS NSD 2107 of 2016

BETWEEN: SZUPK Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent