SZVXC v Minister for Immigration and Border Protection [2015] FCA 1041

FEDERAL COURT OF AUSTRALIA

SZVXC v Minister for Immigration and Border Protection [2015] FCA 1041 Citation: SZVXC v Minister for Immigration and Border Protection [2015] FCA 1041

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

File number(s): NSD 1110 of 2015

Judge(s): GRIFFITHS J

Date of judgment: 18 September 2015

Catchwords: MIGRATION – where the applicant was to be removed from Australia following the dismissal of his application in the Federal Circuit Court of Australia – where the applicant filed an interlocutory application seeking to restrain his removal – application for leave to appeal

Legislation: Federal Circuit Court Rules 2001 (Cth) r 13.03C(1)(c), 16.05

Cases cited: Decor Corp Pty Ltd v Dart Industries (1991) 33 FCR 397

Date of hearing: 18 September 2015

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 29

Counsel for the Applicant: The applicant appeared via videolink

Counsel for the Respondents: Mr A Markus

Solicitor for the Respondents: Australian Government Solicitor

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1110 of 2015

BETWEEN: SZVXC

Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

JUDGE: GRIFFITHS J DATE OF ORDER: 18 september 2015 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The applicant have leave to appeal the judgment dated 17 September 2015 of the Federal Circuit Court of Australia. 2. Within 10 days, the applicant is to file and serve a notice of appeal in the form of the draft notice of appeal dated 18 September 2015. 3. The Minister by himself or by his Department, officers, agents or delegates is restrained from removing the applicant from Australia until the applicant's appeal is heard and determined or until further order. THE COURT NOTES: 1. Directions will be made in due course regarding the preparation and conduct of the appeal. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.