SZTZY v Minister for Immigration and Border Protection [2018] FCA 911
The appeal was dismissed because the Tribunal had considered the applicant's claims cumulatively as required and made no jurisdictional error regarding complementary protection. The Federal Circuit Court did not err in dismissing the judicial review application.
- Parties
- Appellant: SZTZY; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Refugee Review Tribunal
- Jurisdiction
- Australia
- Judgment Date
- 18 May 2018
- Procedural Posture
- Migration Appeal / Appeal From Federal Circuit Court
- Outcome
- appeal dismissed
- Legal Topics
- Jurisdictional Error, Cumulative Consideration, Complementary Protection, Protection Visa
Case Brief
Summary, issues, holding and outcome
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Parties
SZTZY
Appellant
Minister for Immigration and Border Protection
First Respondent
Refugee Review Tribunal
Second Respondent
Procedural Posture
Migration Appeal / Appeal From Federal Circuit Court
Legal Issues
- 1 Whether the Tribunal failed to consider all evidence and protection claims cumulatively
- 2 Whether there was a jurisdictional error in the Tribunal's consideration of the complementary protection criterion
Ratio Decidendi
The appeal was dismissed because the Tribunal had considered the applicant's claims cumulatively as required and made no jurisdictional error regarding complementary protection. The Federal Circuit Court did not err in dismissing the judicial review application.
Court Disposition
appeal dismissed
Orders
- The appeal be dismissed.
- The applicant pay the first respondent's costs of and incidental to the appeal, to be taxed if not agreed.
Full Case Text
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