SZTAL v Minister for Immigration and Border Protection [2017] HCA 34

HIGH COURT OF AUSTRALIA

KIEFEL CJ, GAGELER, NETTLE, GORDON AND EDELMAN JJ

Matter No S272/2016

SZTAL APPELLANT

AND

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR RESPONDENTS

Matter No S273/2016

SZTGM APPELLANT

AND

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR RESPONDENTS

SZTAL v Minister for Immigration and Border Protection SZTGM v Minister for Immigration and Border Protection [2017] HCA 34 6 September 2017 S272/2016 & S273/2016

ORDER

Matter No S272/2016

1. Appeal dismissed.

2. The appellant pay the first respondent's costs.

Matter No S273/2016

1. Appeal dismissed.

2. The appellant pay the first respondent's costs.

On appeal from the Federal Court of Australia

Representation

S B Lloyd SC with B Mostafa for the appellant in each matter (instructed by Fragomen)

S P Donaghue QC, Solicitor-General of the Commonwealth with M J Smith for the first respondent in each matter (instructed by Australian Government Solicitor)

Submitting appearance for the second respondent in each matter

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

SZTAL v Minister for Immigration and Border Protection SZTGM v Minister for Immigration and Border Protection

Migration – Protection visa – Complementary protection – Cruel or inhuman treatment or punishment – Meaning of "intentionally inflicted" – Degrading treatment or punishment – Meaning of "intended to cause" – Where Refugee Review Tribunal found appellants would likely be imprisoned for short period if returned to Sri Lanka – Where prison conditions in Sri Lanka may not meet international standards – Where definition of "cruel or inhuman treatment or punishment" in s 5(1) of Migration Act 1958 (Cth) requires intentional infliction of pain or suffering – Where definition of "degrading treatment or punishment" in s 5(1) of Migration Act requires intention to cause extreme humiliation – Whether Sri Lankan officials intend to inflict pain or suffering or cause extreme humiliation – Whether intention established by knowledge or foresight of pain or suffering or extreme humiliation.