Full Court Minute Books

Case S272/2016

SZTAL v. Minister for Immigration and Border Protection & Anor
SZTGM v. Minister for Immigration and Border Protection & Anor

Case No.

S272/2016; S273/2016

Case Information

Lower Court Judgment

20/05/2016 Federal Court of Australia (Kenny J, Buchanan J, Nicholas J)

[2016] FCAFC 69

Catchwords

Migration – Statutory interpretation – Migration Act 1958 (Cth) – s 36(2)(aa), complementary protection criteria – Where appellants are nationals of Sri Lanka – Where appellants left Sri Lanka illegally – Where Tribunal accepted that it was likely that the appellants would be jailed upon return to Sri Lanka – Whether the Full Court of the Federal Court erred in holding that the requirement of international infliction of “cruel and inhuman treatment of punishment” or “degrading treatment or punishment” requires proof of a subjective intention.

Short particulars

Documents

16/11/2016 Hearing (SLA, Sydney)

30/11/2016 Notice of appeal

06/12/2016 Submitting appearance (Second Respondent)

21/12/2016 Written submissions (Appellants)

21/12/2016 Chronology (Appellants)

25/01/2017 Written submissions (First Respondent)

07/02/2017 Reply

05/04/2017 Hearing (Full Court, Canberra) (Audio-visual recording)