Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BPF15 v Minister for Immigration and Border Protection [2018] FCA 964 Appeal from: BPF15 v Minister for Immigration & Anor [2016] FCCA 2112
File number: VID 1052 of 2016
Judge: BEACH J
Date of judgment: 26 June 2018
Catchwords: MIGRATION – appeal from Federal Circuit Court – whether primary judge erred in dismissing application for judicial review – whether Tribunal failed to indicate that an integer of a claim was in issue – s 36(2)(aa) of the Migration Act 1958 (Cth) – whether Tribunal took into account possibility of torture in assessment of "significant harm" – whether there is a requirement of an act or omission in an official capacity in the definition of "significant harm" – meaning of "torture" – relevance of SZWBR v Minister for Immigration and Border Protection [2018] FCA 644 – appeal allowed
Legislation: Migration Act 1958 (Cth) ss 5(1), 36(2)(aa), 36(2A), 425 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) art 1 International Covenant on Civil and Political Rights. Opened for signature 16 December 1966. 999 UNTS 171 (entered into force 23 March 1976) arts 2, 7
Cases cited: Minister for Immigration and Border Protection v WZAPN (2015) 254 CLR 610 Minister for Immigration and Citizenship v MZYYL (2012) 207 FCR 211 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 (2006) 231 CLR 1 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 SZHBX v Minister for Immigration & Citizenship [2007] FCA 1169 SZTAL v Minister for Immigration and Border Protection (2016) 243 FCR 556 SZTAL v Minister for Immigration and Border Protection (2017) 347 ALR 405; [2017] HCA 34 SZWBR v Minister for Immigration and Border Protection [2018] FCA 644 VAAD v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 117 UN Human Rights Committee, General Comment 20: Article 7 (Torture, or Other Cruel, Inhuman or Degrading Treatment or Punishment) (10 March 1992)
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