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

[2017] HCA 34
Case number
S272/2016
S273/2016
Before
Kiefel CJ, Gageler, Nettle, Gordon, Edelman JJ
Catchwords

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.

Words and phrases – "complementary protection regime", "cruel or inhuman treatment or punishment", "degrading treatment or punishment", "foresight of result", "intended to cause", "intention", "intentionally inflicted", "oblique intention".

Migration Act 1958 (Cth) – ss 5(1), 36.

Criminal Code (Cth) – s 5.2(3).

Files
34.rtf (389.85 KB)
34.pdf (320.63 KB)