Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZVAD v Minister for Immigration and Border Protection [2017] FCA 225 Appeal from: Application for extension of time: SZVAD v Minister for Immigration & Anor [2016] FCCA 2094
File number(s): NSD 1696 of 2016
Judge(s): SIOPIS J
Date of judgment: 9 March 2017
Date of hearing: 7 March 2017
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: No Catchwords
Number of paragraphs: 26
Counsel for the Applicant: The applicant appeared in person.
Counsel for the First Respondent: Mr N Swan
Solicitor for the First Respondent: Australian Government Solicitor
ORDERS NSD 1696 of 2016
BETWEEN: SZVAD Applicant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
JUDGE: SIOPIS J DATE OF ORDER: 9 MARCH 2017
THE COURT ORDERS THAT:
1. The applicant's application for an extension of time to appeal is dismissed. 2. The applicant is to 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
SIOPIS J: 1 This is an application for an extension of time to appeal from a decision of the Federal Circuit Court of Australia (the Federal Circuit Court), delivered on 23 August 2016, dismissing the applicant's application for judicial review of a decision of the Refugee Review Tribunal (the Tribunal). 2 The applicant is a 43 year old male citizen of Pakistan. 3 The applicant entered Australia on 17 November 2011 as the holder of a tourist visa. He returned to Pakistan on 5 December 2011 before again returning to Australia on 22 December 2011 on a second tourist visa. 4 On 21 January 2013, whilst in Australia, the applicant applied for a protection visa. 5 The applicant's application for a protection visa was refused by a delegate of the first respondent, the Minister for Immigration and Border Protection, on 22 November 2013. The applicant applied to the Tribunal for review of the delegate's decision. On 11 August 2014, the Tribunal affirmed the decision of the delegate. 6 In his application for a protection visa, the applicant claimed to fear harm and persecution in Pakistan from "jihadis".
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