MZAKA v Minister for Immigration and Border Protection [2016] FCA 781

FEDERAL COURT OF AUSTRALIA

MZAKA v Minister for Immigration and Border Protection [2016] FCA 781 Appeal from: MZAKA v Minister for Immigration & Anor [2016] FCCA 37

File number: VID 113 of 2016

Judge: DAVIES J

Date of judgment: 5 July 2016

Catchwords: MIGRATION – application for Protection (Class XA) Visa – appeal from decision of Federal Circuit Court of Australia – no error of law – appeal dismissed

Legislation: Migration Act 1958 (Cth) s 425

Cases cited: SZSGA v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCA 774

Date of hearing: 26 May 2016

Registry: Victoria

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 27

Counsel for the Appellant: M Guo

Solicitor for the Appellant: Bardo & Erci Lawyers

Counsel for the First Respondent: J Lucas

Solicitor for the First Respondent: Australian Government Solicitor

Counsel for the Second Respondent: The Second Respondent filed a submitting notice, save as to costs

ORDERS VID 113 of 2016

BETWEEN: MZAKA Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: DAVIES J DATE OF ORDER: 5 July 2016

THE COURT ORDERS THAT:

1. Leave to amend the amended notice of appeal, with respect to proposed ground three, be refused. 2. The appeal be dismissed. 3. The appellant pay the costs of the first respondent, such costs to be taxed in default of agreement. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.