SZUCJ v Minister for Immigration and Border Protection [2016] FCA 471

FEDERAL COURT OF AUSTRALIA

SZUCJ v Minister for Immigration and Border Protection [2016] FCA 471 Appeal from: SZUCJ & Ors v Minister for Immigration & Anor (No 2) [2015] FCCA 3266

File number(s): NSD 9 of 2016

Judge(s): SIOPIS J

Date of judgment: 6 May 2016

Date of hearing: 2 May 2016

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No Catchwords

Number of paragraphs: 52

Counsel for the First Appellant: The First Appellant appeared in person.

Counsel for the Second and Third Appellants: The Second and Third Appellants did not appear.

Counsel for the First Respondent: Mr M Cleary

Solicitor for the First Respondent: Clayton Utz

ORDERS NSD 9 of 2016

BETWEEN: SZUCJ First Appellant

SZUCL Second Appellant

SZUCM Third Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: SIOPIS J DATE OF ORDER: 6 MAY 2016

THE COURT ORDERS THAT:

1. The appellants' appeal is dismissed. 2. The appellants are to 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

SIOPIS J: 1 The appellants are a husband, wife and their child. The appellants are citizens of Pakistan and are Sunni Muslims. 2 The appellants applied to the Department of Immigration and Border Protection for protection visas on 24 August 2012 on the grounds that the first and second appellants faced persecution on the basis of their religion if they were to return to Pakistan. A delegate of the first respondent (the Minister) refused to grant the visas on 7 December 2012. 3 The appellants applied to the Refugee Review Tribunal (the Tribunal) for review of the delegate's decision by letter from their migration agent on 23 December 2012.