SZVHW v Minister for Immigration and Border Protection [2016] FCA 187

FEDERAL COURT OF AUSTRALIA

SZVHW v Minister for Immigration and Border Protection [2016] FCA 187 Appeal from: SZVHW v Minister for Immigration and Border Protection [2015] FCCA 3055

File number: NSD 1385 of 2015

Judge: MARKOVIC J

Date of judgment: 4 March 2016

Legislation: Migration Act 1958 (Cth) ss 65, 476

Cases cited: Randhawa v Minister for Immigration (1994) 52 FCR 437

Date of hearing: 17 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: 43

Counsel for the Appellant: The Appellant appeared in person

Solicitor for the Respondents: Mr A Markus, Australian Government Solicitor

ORDERS NSD 1385 of 2015

BETWEEN: SZVHW Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: MARKOVIC J DATE OF ORDER: 4 March 2016

THE COURT ORDERS THAT:

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

REASONS FOR JUDGMENT

MARKOVIC J: 1 This is an appeal from a judgment of the Federal Circuit Court of Australia (Federal Circuit Court) delivered on 30 October 2015 dismissing an application for judicial review pursuant to s 476 of the Migration Act 1958 (Cth) (the Act) of a decision of the second respondent (the Tribunal): see SZVHW v Minister for Immigration & Anor [2015] FCCA 3055 (SZVHW). The Tribunal had affirmed a decision of a delegate of the first respondent (the Minister) to refuse to grant the appellant a Protection (Class XA) visa.