SZVRM v Minister for Immigration and Border Protection [2016] FCA 919

FEDERAL COURT OF AUSTRALIA

SZVRM v Minister for Immigration and Border Protection [2016] FCA 919 Appeal from: SZVRM v Minister for Immigration and Border Protection and Anor [2016] FCCA 639

File number: NSD 444 of 2016

Judge: MARKOVIC J

Date of judgment: 11 August 2016

Legislation: Migration Act 1958 (Cth) s 424AA

Cases cited: Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZIAI (2009) 259 ALR 429

Date of hearing: 2 August 2016

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No Catchwords

Number of paragraphs: 36

Counsel for the Appellant: The Appellant appeared in person

Solicitor for the Respondents: Mr J Pinder, Minter Ellison Lawyers

ORDERS NSD 444 of 2016

BETWEEN: SZVRM Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: MARKOVIC J DATE OF ORDER: 11 AUGUST 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

MARKOVIC J:

introduction 1 The appellant is a citizen of Bangladesh. He appeals from orders made and judgment given by the Federal Circuit Court of Australia (Federal Circuit Court) on 14 March 2016 dismissing an application for judicial review of a decision of the second respondent (the Tribunal) dated 23 October 2014: see SZVRM v Minister for Immigration and Border Protection and Anor [2016] FCCA 639 (SZVRM). The Tribunal had affirmed a decision of a delegate of the first respondent (the Minister) not to grant the appellant a protection visa. 2 The appellant arrived in Australia in 2008 as the holder of a student visa. He lodged an application for a further student visa which was refused. In March 2013 he withdrew his application for review of that decision. 3 On 12 March 2013 the appellant applied for a Protection (Class XA) visa (the Visa). On 26 September 2014 a delegate of the Minister refused to grant the Visa. 4 On 29 October 2013 the appellant applied to the Tribunal (which was then the Refugee Review Tribunal) for review of the delegate's decision. On 23 October 2014 the Tribunal affirmed the decision not to grant the appellant the Visa.