SZUQP v Minister for Immigration and Border Protection [2017] FCA 186

FEDERAL COURT OF AUSTRALIA

SZUQP v Minister for Immigration and Border Protection [2017] FCA 186 Appeal from: SZUQP v Minister for Immigration and Border Protection [2016] FCCA 2899

File number: NSD 1863 of 2016

Judge: RARES J

Date of judgment: 15 February 2017

Legislation: Migration Act 1958 (Cth) s 36(2) Refugees Convention

Cases cited: Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259

Date of hearing: 15 February 2017

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No Catchwords

Number of paragraphs: 34

Counsel for the Appellant: The Appellant appeared in person

Solicitor for the First Respondent: Ms E Warner Knight of Australian Government Solicitor

Counsel for the Second Respondent: The Second Respondent filed a submitting notice

ORDERS NSD 1863 of 2016

BETWEEN: SZUQP Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: RARES J DATE OF ORDER: 15 FEBRUARY 2017

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

(REVISED FROM THE TRANSCRIPT) RARES J: 1 This is an appeal from the decision of the Federal Circuit Court refusing the appellant Constitutional writ relief from the decision of the then Refugee Review Tribunal given on 24 June 2014 that affirmed the Minister's delegate's decision not to grant him a protection visa: SZUQP v Minister for Immigration and Border Protection [2016] FCCA 2899.