Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZUAH v Minister for Immigration and Border Protection [2016] FCA 66 Appeal from: SZUAH & Anor v Minister for Immigration & Anor [2015] FCCA 2802
File number: NSD 1245 of 2015
Judge: ROBERTSON J
Date of judgment: 9 February 2016
Legislation: Migration Act 1958 (Cth) ss 52(3C), 412(1)(b), 494B(1A), 494B(4), 494B(7), 494C and 494D Migration Regulations 1994 (Cth) regs 2.08, 4.31
Date of hearing: 9 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: 26
Counsel for the First Appellant: The First Appellant appeared in person with the aid of an interpreter
Solicitor for the First Respondent: Ms S Burnett of Clayton Utz
Solicitor for the Second Respondent: The Second Respondent submitted save as to costs
ORDERS NSD 1245 of 2015
BETWEEN: SZUAH First Appellant SZUAI Second Appellant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent
ADMINISTRATIVE AFFAIRS TRIBUNAL Second Respondent
JUDGE: ROBERTSON J DATE OF ORDER: 9 FEBRUARY 2016
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The first appellant pay the first respondent's costs in the fixed amount of $3,400. 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 the judgment and orders of a judge of the Federal Circuit Court of Australia given and made on 6 October 2015. By those orders the judge of the Federal Circuit Court dismissed the proceeding commenced by way of application filed on 25 March 2014, with costs. 2 The application to that Court was for judicial review of the decision of the then Refugee Review Tribunal made on 13 February 2014, affirming the decision not to grant the first appellant a Protection (Class XA) visa and deciding that it did not have jurisdiction in respect to the second appellant, the infant daughter of the first appellant.
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