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SZTFA v Minister for Immigration and Border Protection [2016] FCA 153

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PRACTICE AND PROCEDURE - application to dispose of appeal by allowing appeal and remitting matter to Administrative Appeals Tribunal for determination - where parties have agreed consent orders to this effect - where disposal of appeal is dealt with without oral hearing - r 36.41(g) Federal Court Rules 2011 (Cth) - judicial discretion to make order in accordance with terms of written consent of parties - r 39.11 Federal Court Rules 2011 (Cth) - where parties have not proffered explanation for agreement that appeal ought to be allowed - further submissions provided identifying error of law and basis of concession that appeal ought to be allowed - order made in terms of consent pursuant to r 39.11 Federal Court Rules 2011 (Cth). MIGRATION - application for Protection (Class XA) visa - whether Federal Circuit Court erred in applying the test of a well-founded fear of persecution - whether Federal Circuit Court erred in its consideration of the reasonableness of relocation.

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