Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZWBR v Minister for Immigration and Border Protection [2018] FCA 644 Appeal from: SZWBR v Minister for Immigration [2016] FCCA 2621
File number: NSD 1901 of 2016
Judge: PERRAM J
Date of judgment: 11 May 2018
Catchwords: MIGRATION – appeal from Federal Circuit Court – whether Court erred in dismissing appeal from Refugee Review Tribunal – whether Tribunal dealt with clearly articulated argument – where Appellant claimed real risk of torture, cruel or inhuman or degrading treatment or punishment
Legislation: Migration Act 1958 (Cth) ss 5AA, 36, 46A Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Opened for signature 10 December 1984. 1465 UNTS 85 (entered into force 26 June 1987) Convention relating to the Status of Refugees. Opened for signature 28 July 1951. 189 UNTS 137 (entered into force 22 April 1954) International Covenant on Civil and Political Rights. Opened for signature 16 December 1966. 999 UNTS 171 (entered into force 23 March 1976)
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; 236 FCR 593 NABE v Minister for Immigration and Ethnic Affairs (No 2) [2004] FCAFC 263; 144 FCR 1 SZTAL v Minister for Immigration and Border Protection [2016] FCAFC 69; 243 FCR 556 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; 347 ALR 405
Date of hearing: 15 February 2018
Registry: New South Wales
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