SZUCC v Minister for Immigration and Border Protection [2016] FCA 99

FEDERAL COURT OF AUSTRALIA

SZUCC v Minister for Immigration and Border Protection [2016] FCA 99 Appeal from: SZUCC v Minister for Immigration & Border Protection & Anor [2015] FCCA 2541

File number(s): NSD 1185 of 2015

Judge(s): GILMOUR J

Date of judgment: 12 February 2016

Legislation: Federal Court Rules 2011

Cases cited: Attorney-General (NSW) v Quin (1990) 170 CLR 1 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407

Date of hearing: 11 February 2016

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 30

Counsel for the Appellant: The Appellant appeared in person

Counsel for the Respondent: Mr M Wiese

Solicitor for the Respondent: Clayton Utz

ORDERS NSD 1185 of 2015 BETWEEN: SZUCC Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION Respondent

JUDGE: GILMOUR J DATE OF ORDER: 12 FEBRUARY 2016

THE COURT ORDERS THAT:

1. The appeal is dismissed. 2. The appellant pay the first respondent costs of the appeal. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

GILMOUR J: 1 The appellant appeals from a decision of the Federal Circuit Court delivered on 17 September 2015 dismissing the appellant's application for judicial review of a decision of the Refugee Review Tribunal (now the Administrative Appeals Tribunal; Tribunal) dated 21 February 2014. The Tribunal affirmed a decision of a delegate of the first respondent (Delegate) to refuse to grant the appellant a Protection (Class XA) visa (protection visa). 2 The sole ground of appeal is that the primary judge erred by failing to find that it was not open to the Tribunal to reject the appellant's factual claims.