SZSZQ v Minister for Immigration and Border Protection [2018] FCA 403

FEDERAL COURT OF AUSTRALIA

SZSZQ v Minister for Immigration and Border Protection [2018] FCA 403 Appeal from: SZSZQ v Minister for Immigration & Anor [2017] FCCA 592

File number: NSD 501 of 2017

Judge: KATZMANN J

Date of judgment: 28 March 2018

Catchwords: MIGRATION – Refugees – Sri Lankan Tamil who left Sri Lanka illegally, claiming to fear persecution for several reasons – where, in connection with the complementary protection criterion, the Refugee Review Tribunal did not refer in its reasons to the definitions of "torture", "cruel or inhuman treatment or punishment" or "degrading treatment or punishment, whether the Tribunal misunderstood or failed to apply the correct test for significant harm – whether the Tribunal failed to give meaningful or proper, genuine and realistic consideration to the appellant's submission – whether the Tribunal's failure to refer to international jurisprudence cited to it was a jurisdictional error – whether a claim to fear paramilitaries arose clearly on the material before the Tribunal and the Tribunal failed to deal with it – where questions had been answered against the appellant by the Federal Circuit Court ADMINISTRATIVE LAW – jurisdictional error – whether the Tribunal failed to apply the correct test – whether the Tribunal failed to give meaningful or proper, genuine and realistic consideration to the appellant's submission or to an integer of the appellant's claim

Legislation: Administrative Appeals Tribunal Act 1975 (Cth), s 43(2B) Migration Act 1958 (Cth), ss 5, 36(2), 36(2A), 65, 91R, 414, 415(1), 423, 424, 425, 430, 496 Federal Court Rules 2011 (Cth), r 36.01(2)(c) Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights). Opened for signature 4 November 1950. 213 UNTS 221 (entered into force 3 September 1953) International Covenant on Civil and Political Rights. Opened for signature 16 December 1966. 999 UNTS 171 (entered into force 23 March 1976)