SZRUO v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCA 777

FEDERAL COURT OF AUSTRALIA

SZRUO v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCA 777 Citation: SZRUO v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCA 777

Appeal from: SZRUO v Minister for Immigration & Anor [2013] FMCA 203

Parties: SZRUO v MINISTER FOR IMMIGRATION, MULTICULTURAL AFFAIRS AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

File number: NSD 689 of 2013

Judge: COWDROY J

Date of judgment: 7 August 2013

Legislation: Migration Act 1958 (Cth) ss 36, 65 Federal Court Rules 2011 (Cth) rr 9.61, 9.63

Cases cited: Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259

Date of hearing: 6 August 2013

Place: Sydney

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 22

Counsel for the Appellant: The Appellant is an infant and appeared represented by his father as the litigation representative.

Solicitor for the First Respondent: Ms M Stone of DLA Piper

Counsel for the Second Respondent: The Second Respodent did not appear

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 689 of 2013

ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA

BETWEEN: SZRUO

Appellant

AND: MINISTER FOR IMMIGRATION, MULTICULTURAL AFFAIRS AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COWDROY J DATE OF ORDER: 7 August 2013 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The litigation representative of the Appellant pay the costs of the First Respondent of the appeal. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.