SZUPF v Minister for Immigration and Border Protection [2016] FCA 941

FEDERAL COURT OF AUSTRALIA

SZUPF v Minister for Immigration and Border Protection [2016] FCA 941 Appeal from: SZUPF v Minister for Immigration & Anor [2016] FCCA 883

File number(s): NSD 581 of 2016

Judge(s): GILMOUR J

Date of judgment: 10 August 2016

Legislation: Federal Circuit Court Rules 2001 (Cth) r 44.12 Federal Court of Australia Act 1976 (Cth) ss 24(1A) Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa)

Cases cited: Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397

Date of hearing: 10 August 2016

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 24

Category: No catchwords

Counsel for the Appellant: Appellant appeared in person

Counsel for the Respondents: Ms N Maddocks of DLA Piper

ORDERS NSD 581 of 2016

BETWEEN: SZUPF Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: GILMOUR J DATE OF ORDER: 10 AUGUST 2016

THE COURT ORDERS THAT:

1. The application for leave to appeal is dismissed. 2. The applicant pay the costs of the first respondent to be taxed if not agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

GILMOUR J: 1 This is an application for leave to appeal from the interlocutory judgment and orders of the Federal Circuit Court delivered on 11 April 2016 dismissing an application to review a decision of the (former) Refugee Review Tribunal dated 3 June 2014. The second respondent is now the Administrative Appeals Tribunal (Tribunal).