SZUAW v Minister for Immigration and Border Protection [2016] FCA 767

FEDERAL COURT OF AUSTRALIA

SZUAW v Minister for Immigration and Border Protection [2016] FCA 767 Appeal from: SZUAW v Minister for Immigration [2016] FCCA 264

File number: NSD 249 of 2016

Judge: RARES J

Date of judgment: 24 May 2016

Legislation: Migration Act 1958 (Cth) ss 36(2)(a), s36(2)(aa), 36(2A)

Cases cited: SZSGA v Minister for Immigration and Multicultural Affairs and Citizenship (2013) FCA 774 SZTDT v Minister for Immigration and Border Protection [2016] FCA 631

Date of hearing: 24 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: 34

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 249 of 2016

BETWEEN: SZUAW Appellant

AND: MINISTER FOR IMMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: RARES J DATE OF ORDER: 24 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 to grant the appellant Constitutional writ relief in respect of the decision of the Refugee Review Tribunal given on 17 February 2014 to affirm the Minister's delegate's decision not to grant the appellant a protection visa: SZUAW v Minister for Immigration [2016] FCCA 264.