SZVYV v Minister for Immigration and Border Protection [2016] FCA 645

FEDERAL COURT OF AUSTRALIA

SZVYV v Minister for Immigration and Border Protection [2016] FCA 645 Appeal from: SZVYV v Minister for Immigration & Anor [2016] FCCA 471

File number: NSD 407 of 2016

Judge: NORTH J

Date of judgment: 27 May 2016

Legislation: Federal Circuit Court Rules 2001 (Cth) r 35.13, 44.12

Date of hearing: 27 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: 25

Counsel for the Appellant: The Appellant appeared in person.

Counsel for the Respondents: Ms A Wong

Solicitor for the Respondents: Mills Oakley

ORDERS NSD 407 of 2016

BETWEEN: SZVYV Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: NORTH J DATE OF ORDER: 27 MAY 2016

THE COURT ORDERS THAT:

1. The application is dismissed. 2. The applicant pay the first respondent's costs of the application as agreed or assessed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

NORTH J:

introduction 1 Before the Court is an application for an extension of time within which to apply for leave to appeal from orders made by the Federal Circuit Court on 3 March 2016. The Federal Circuit Court, acting under r 44.12 of the Federal Circuit Court Rules 2001 (Cth), dismissed an application for review of a decision of the Refugee Review Tribunal, now the Administrative Appeals Tribunal, made on 11 December 2014. The Tribunal affirmed a decision of a delegate of the first respondent, the Minister for Immigration and Border Protection, not to grant the applicant a protection visa.