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SZRIF v Minister for Immigration and Border Protection [2017] FCA 1161

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MIGRATION – appeal against decision of primary judge dismissing application for judicial review of adverse International Treaties Obligations Assessment decision – protection visa application – impact of Data Breach – non-refoulement obligations under international treaties –alleged error in failure to distinguish between present case and Minister for Immigration and Border Protection v SZSSJ [2016] HCA 29; 333 ALR 653 – alleged failure to afford procedural fairness – alleged failure to consider “vital integers” – held: no error by primary judge to distinguish matters made out – held: no failure to afford procedural fairness – held: no “vital integers” overlooked – appeal dismissed PRACTICE AND PROCEDURE – “McKenzie friend” issue – refusal to allow putative McKenzie friend upon the basis that it was not apparent that he could add anything useful to the process in all the circumstances

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