Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZVRQ v Minister for Immigration and Border Protection [2020] FCA 375 Appeal from: SZVRQ v Minister for Immigration & Anor [2017] FCCA 626
File number: NSD 592 of 2017
Judge: SNADEN J
Date of judgment: 25 March 2020
Catchwords: MIGRATION – protection visa – appeal from a decision of the Federal Circuit Court of Australia – application for judicial review of a decision of the Refugee Review Tribunal (the "Tribunal") – decision of the first respondent refusing an application for a protection visa – whether the Tribunal committed jurisdictional error – whether extortion because of the appellant's ethnicity/particular social group could, by itself, amount to persecution – whether the Tribunal erred by considering what the appellant could do in circumstances of extortion, as distinct from what the appellant would do – appeal allowed
Legislation: Migration Act 1958 (Cth) ss 36 and 91R
Cases cited: Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473 Applicant NABD of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 216 ALR 1 Minister for Immigration and Border Protection v SZSCA (2014) 254 CLR 317 SZTAP v Minister for Immigration and Border Protection (2015) 238 FCR 404 SZVRQ v Minister for Immigration & Anor [2017] FCCA 626
Date of hearing: 2 October 2019
Registry: New South Wales
Division: General Division
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