MZADZ v Minister for Immigration and Border Protection [2016] FCA 9

FEDERAL COURT OF AUSTRALIA

MZADZ v Minister for Immigration and Border Protection [2016] FCA 9 Appeal from: MZADZ v Minister for Immigration and Border Protection [2015] FCCA 1589

File number: VID 358 of 2015

Judge: MANSFIELD J

Date of judgment: 15 January 2016

Legislation: Migration Act 1958 (Cth) Federal Court Rules 2011 (Cth)

Cases cited: MZADZ v Minister for Immigration and Border Protection [2015] FCCA 1589 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 Minister for Immigration and Citizenship v SZIAI (2009) 259 ALR 429

Date of hearing: 25 November 2015

Registry: Northern Territory

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No Catchwords

Number of paragraphs: 40

Counsel for the Appellant: The appellant appeared in person

Counsel for the Respondents: S Newman

Solicitor for the Respondents: Clayton Utz

ORDERS VID 358 of 2015

BETWEEN: MZADZ

Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: MANSFIELD J DATE OF ORDER: 15 January 2016

THE COURT ORDERS THAT:

1. The appeal be dismissed with costs fixed in the amount of $6439. 2. The time by which any application might be made to the High Court of Australia for leave to appeal be extended to run from the date of publication of the reasons for judgment. 3. The Administrative Appeals Tribunal replace the Refugee Review Tribunal as the second respondent. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.