Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZRIF v Minister for Immigration and Border Protection [2017] FCA 1161 Appeal from: SZRIF & Ors v Minister for Immigration & Anor [2017] FCCA 483
File number: NSD 595 of 2017
Judge: BROMWICH J
Date of judgment: 29 September 2017
Catchwords: MIGRATION – appeal against decision of primary judge dismissing application for judicial review of adverse International Treaties Obligations Assessment decision – protection visa application – impact of Data Breach – non-refoulement obligations under international treaties –alleged error in failure to distinguish between present case and Minister for Immigration and Border Protection v SZSSJ [2016] HCA 29; 333 ALR 653 – alleged failure to afford procedural fairness – alleged failure to consider "vital integers" – held: no error by primary judge to distinguish matters made out – held: no failure to afford procedural fairness – held: no "vital integers" overlooked – appeal dismissed PRACTICE AND PROCEDURE – "McKenzie friend" issue – refusal to allow putative McKenzie friend upon the basis that it was not apparent that he could add anything useful to the process in all the circumstances
Legislation: Migration Act 1958 (Cth), ss 48A, 189 1951 Convention Relating to the Status of Refugees. Opened for signature 28 July 1951, 189 UNTS 137 art 33(1) (entered into force 22 April 1954) 1967 Protocol Relating to the Status of Refugees. Opened for signature 31 January 1967, 606 UNTS 267 (entered into force 4 October 1967) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Opened for signature 10 December 1984, 1465 UNTS 85 arts 1(1), 3 (entered into force 26 June 1987) International Covenant on Civil and Political Rights. Opened for signature 16 December 1966, 999 UNTS 171 arts 6(1), 7 (entered into force 23 March 1976) Second Optional Protocol to the International Covenant on Civil and Political Rights, Aiming at the Abolition of the Death Penalty. Opened for signature 15 December 1989, 1642 UNTS 414 (entered into force 11 July 1991)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate