SZTUU v Minister for Immigration and Border Protection [2015] FCA 886

FEDERAL COURT OF AUSTRALIA

SZTUU v Minister for Immigration and Border Protection [2015] FCA 886 Citation: SZTUU v Minister for Immigration and Border Protection [2015] FCA 886

Appeal from: SZTUU v Minister for Immigration & Anor [2015] FCCA 698

Parties: SZTUU v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and ADMINISTRATIVE APPEALS TRIBUNAL

File number: NSD 368 of 2015

Judge: RANGIAH J

Date of judgment: 12 August 2015

Catchwords: MIGRATION – appeal from Federal Circuit Court – refusal to grant protection visa – where application to Refugee Review Tribunal decided in appellant's absence – whether any jurisdictional error – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 36(2), 426A, 426A(1), 425, 425A, 425A(3), 426A(1A)(a), 436A and 441A(4) Migration Regulations 1994 (Cth) reg 4.35D(3)

Date of hearing: 12 August 2015

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 15

Counsel for the Appellant: The appellant appeared in person with the assistance of an interpreter

Counsel for the Respondents: The respondents did not appear

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 368 of 2015

ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA

BETWEEN: SZTUU

Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

JUDGE: RANGIAH J DATE OF ORDER: 12 AUGUST 2015 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The name of the second respondent be amended to "Administrative Appeals Tribunal". 2. The appeal is dismissed. 3. There be no order as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.