SZTYU v Minister for Immigration and Border Protection [2015] FCA 1302

FEDERAL COURT OF AUSTRALIA

SZTYU v Minister for Immigration and Border Protection [2015] FCA 1302 Citation: SZTYU v Minister for Immigration and Border Protection [2015] FCA 1302

Appeal from: SZTYU v Minister for Immigration & Anor [2015] FCCA 1669

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

File number: NSD 806 of 2015

Judge: PERRAM J

Date of judgment: 25 November 2015

Catchwords: MIGRATION – appeal from decision of Federal Circuit Court – whether jurisdictional error demonstrated

Legislation: Migration Act 1958 (Cth) s 36(2)(aa)

Date of hearing: 13 November 2015

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 38

Counsel for the Appellant: The appellant appeared in person

Solicitor for the First Respondent: Mr M Wiese of Clayton Utz

Counsel for the Second Respondent: The second respondent filed a submitting appearance

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 806 of 2015

ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA

BETWEEN: SZTYU

Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

JUDGE: PERRAM J DATE OF ORDER: 25 NOVEMBER 2015 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the first respondent's costs as taxed or agreed. 3. The second respondent's name be changed to the 'Administrative Appeals Tribunal'. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.