SZTYN v Minister for Immigration and Border Protection [2016] FCA 56

FEDERAL COURT OF AUSTRALIA

SZTYN v Minister for Immigration and Border Protection [2016] FCA 56 Appeal from: SZTYN v Minister for Immigration & Anor [2015] FCCA 2286

File number: NSD 1116 of 2015

Judge: ROBERTSON J

Date of judgment: 8 February 2016

Legislation: Migration Act 1958 (Cth) ss 424, 424A, 425 Federal Court Rules 2011 (Cth) r 40.02(b)

Date of hearing: 8 February 2016

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No Catchwords

Number of paragraphs: 39

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

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

Solicitor for the Second Respondent: The Second Respondent submitted save as to costs

ORDERS NSD 1116 of 2015

BETWEEN: SZTYN Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: ROBERTSON J DATE OF ORDER: 8 FEBRUARY 2016

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the costs of the first respondent, in the fixed amount of $3,300. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

ROBERTSON J:

Introduction 1 This appeal is from orders made by the Federal Circuit Court of Australia on 28 August 2015 dismissing an application to that court for judicial review of a decision of the then Refugee Review Tribunal (the Tribunal) given on 30 January 2014 affirming the decision not to grant the appellant a Protection (Class XA) visa. 2 The grounds of appeal before me are, as written, as follows: 1. That His Honour erred in failing to find that there had not been a breach of s 424 of the Migration Act. 2. That the judgement be set asside and sent back to the Administrative appeals Tribunal to be conidered legally.