MZAEY v Minister for Immigration and Border Protection [2016] FCA 517

FEDERAL COURT OF AUSTRALIA

MZAEY v Minister for Immigration and Border Protection [2016] FCA 517 Appeal from: MZAEY v Minister for Immigration & Anor [2015] FCCA 3538

File number: VID 963 of 2015

Judge: BARKER J

Date of judgment: 12 May 2016

Catchwords: MIGRATION – application for protection (class XA) visa – appeal from Federal Circuit Court of Australia – whether primary judge committed jurisdictional error

Legislation: Migration Act 1958 (Cth) s 5, s 36(2)(a), s 36(2)(aa), s 36(2A), s 91R(1)(b), s 424A, s 425 Convention relating to the Status of Refugees. Opened for signature 28 July 1951. 189 UNTS 137 (entered into force 22 April 1954) Protocol relating to the Status of Refugees. Opened for signature 31 January 1967. 606 UNTS 267 (entered into force 4 October 1967)

Date of hearing: 12 May 2016

Registry: Victoria

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 42

Counsel for the Appellant: The Appellant appeared in person

Counsel for the First Respondent: Ms C Symons

Solicitor for the First Respondent: Clayton Utz

ORDERS VID 963 of 2015

BETWEEN: MZAEY Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: BARKER J DATE OF ORDER: 12 MAY 2016

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant to pay the costs of the first respondent to be taxed, if not agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.