SZWBK v Minister for Immigration and Border Protection [2017] FCA 1020
The appeal was dismissed because the appellants did not appear, the Adjournment Request was based on unsatisfactory medical evidence, and the appeal lacked reasonable prospects of success as the Tribunal had properly considered and applied the relevant statutory criteria for protection and internal relocation.
- Jurisdiction
- Australia
- Judgment Date
- 04 August 2017
- Procedural Posture
- Appeal / Disposition of Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- ['judicial Review' 'protection Visa' 'practice and Procedure' 'internal Relocation' 'complementary Protection']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Disposition of Appeal
Legal Issues
- 1 ['Whether the Tribunal failed to consider claims for protection under s 36(2)(a) of the Migration Act' 'Whether the Tribunal applied the correct internal relocation test under s 36(2B)(a)' 'Whether the Tribunal failed to consider claims based on political opinion' 'Whether the Tribunal failed to specify a reasonable place for relocation']
Ratio Decidendi
The appeal was dismissed because the appellants did not appear, the Adjournment Request was based on unsatisfactory medical evidence, and the appeal lacked reasonable prospects of success as the Tribunal had properly considered and applied the relevant statutory criteria for protection and internal relocation.
Court Disposition
Appeal dismissed
Orders
- ['Pursuant to FCR 36.75(1)(a)(i), the appeal be dismissed.' "The first, second and fourth appellants are to pay the first respondent's costs of the appeal."]
Full Case Text
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