SZTXH v Minister for Immigration and Border Protection [2016] FCA 73

FEDERAL COURT OF AUSTRALIA

SZTXH v Minister for Immigration and Border Protection [2016] FCA 73 Appeal from: SZTXH & Anor v Minister for Immigration & Anor [2015] FCCA 2508

File number: NSD 1172 of 2015

Judge: ROBERTSON J

Date of judgment: 10 February 2016

Date of hearing: 10 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: 18

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

Solicitor for the First Respondent: Ms N Blake of Clayton Utz

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

ORDERS NSD 1172 of 2015

BETWEEN: SZTXH First Appellant SZTXI Second Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: ROBERTSON J DATE OF ORDER: 10 FEBRUARY 2016

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellants pay the costs of the first respondent, fixed in the amount of $3,700. 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 (the primary judge) given and made on 17 September 2015. By those orders the primary judge dismissed the proceeding commenced by way of application filed on 21 February 2014, with costs. 2 The application to that court was for judicial review of a decision of the then Refugee Review Tribunal dated 21 January 2014 affirming the decision not to grant Protection (Class XA) visas to the appellants.