SZUJO v Minister for Immigration and Border Protection [2016] FCA 1491

FEDERAL COURT OF AUSTRALIA

SZUJO v Minister for Immigration and Border Protection [2016] FCA 1491 Appeal from: Application for leave to appeal: SZUJO v Minister for Immigration & Anor [2016] FCCA 1252

File number: NSD 801 of 2016

Judge: BURLEY J

Date of judgment: 13 December 2016

Catchwords: MIGRATION – application for a Protection (Class XA) visa – whether Refugee Review Tribunal failed to properly deal with applicant's claims, made an error of law, considered irrelevant facts or disregarded relevant facts, or failed to act fairly ADMINISTRATIVE LAW – role of the Court to decide whether decision was invalid by reason of jurisdictional error – role of the Court not to consider factual merits of Tribunal's decision PRACTICE AND PROCEDURE – appeals – application for leave to appeal from an interlocutory decision of the Federal Circuit Court of Australia dismissing the application in a show cause hearing

Legislation: Federal Court of Australia Act 1976 (Cth) s 24 Migration Act 1958 (Cth) s 36 Federal Circuit Court Rules 2001 (Cth) r 44.12

Cases cited: Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; (2009) 83 ALJR 1123 Minister for Immigration and Citizenship v SZNSP (2010) 184 FCR 485 Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham [2000] HCA 1; (2000) 168 ALR 407 SZUJO v Minister for Immigration & Anor [2016] FCCA 1252 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588