SZVCR v Minister for Immigration and Border Protection [2016] FCA 1283

FEDERAL COURT OF AUSTRALIA

SZVCR v Minister for Immigration and Border Protection [2016] FCA 1283 Appeal from: SZVCR v Minister for Immigration [2016] FCCA 895

File number: NSD 669 of 2016

Judge: RARES J

Date of judgment: 12 August 2016

Legislation: Federal Court Rules 2011 r 9.63 Migration Act 1958 (Cth) ss 36, 425

Cases cited: Minister for Immigration and Citizenship v SZIAI (2009) 259 ALR 429 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559

Date of hearing: 12 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: 48

Counsel for the Appellants: The first appellant appeared on behalf of the appellants

Solicitor for the First Respondent: Mr A Markus of the Australian Government Solicitor

ORDERS NSD 669 of 2016

BETWEEN: SZVCR First Appellant

SZVCS Second Appellant

SZVCT Third Appellant

SZVCU Fourth Appellant

SZVCV Fifth Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: RARES J DATE OF ORDER: 12 AUGUST 2016

THE COURT ORDERS THAT:

1. The first appellant be appointed as litigation representative for each of his children, being the third, fourth and fifth appellants, for the purposes of the appeal hearing. 2. The appeal be dismissed. 3. The first and second appellants' pay the first respondent's costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.