SZTXS v Minister for Immigration and Border Protection [2016] FCA 726

FEDERAL COURT OF AUSTRALIA

SZTXS v Minister for Immigration and Border Protection [2016] FCA 726 Appeal from: SZTXS v Minister for Immigration [2016] FCCA 311

File number: NSD 342 of 2016

Judge: RARES J

Date of judgment: 23 May 2016

Legislation: Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa)

Cases cited: Minister for Immigration and Citizenship v SZIAI (2009) 83 ALJR 1123 Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407

Date of hearing: 23 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 Appellant: The Appellant appeared in person

Counsel for the First Respondent: Ms C Hillary

Solicitor for the First Respondent: DLA Piper Australia

Counsel for the Second Respondent: The Second Respondent filed a submitting notice

ORDERS NSD 342 of 2016

BETWEEN: SZTXS Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: RARES J DATE OF ORDER: 23 MAY 2016

THE COURT ORDERS THAT:

1. The appeal be 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

(REVISED FROM THE TRANSCRIPT) RARES J: 1 This is an appeal from the decision of the Federal Circuit Court refusing the appellant's application for Constitutional writ relief in respect of the decision of the Refugee Review Tribunal given on 4 February 2014 that affirmed the Minister's delegate's decision not to give the appellant a protection visa: SZTXS v Minister for Immigration [2016] FCCA 311.