Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZSUI v Minister for Immigration and Border Protection [2017] FCA 467 Appeal from: SZSUI v Minister for Immigration [2016] FCCA 3317
File number(s): NSD 2152 of 2016
Judge(s): WIGNEY J
Date of judgment: 5 May 2017
Catchwords: MIGRATION – judicial review – Visitor (Subclass 676) visa – application for waiver of 'no further stay' condition – where visa subject to Condition 8503 – where delegate refused the appellant's request for waiver of condition – where appellant had previously been refused a waiver – whether arguable case for relief
Legislation: Migration Act 1958 (Cth), s 41 Federal Court Rules 2011 (Cth), r 36.57 Migration Regulations 1994 (Cth), reg 2.05
Cases cited: Cheema v Minister for Immigration and Citizenship [2011] FCA 121
Date of hearing: 5 May 2017
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 40
Counsel for the Appellant: The appellant appeared in person with the assistance of an interpreter
Solicitor for the Respondent: Mr A Keevers of Sparke Helmore
ORDERS NSD 2152 of 2016
BETWEEN: SZSUI Appellant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION Respondent
JUDGE: WIGNEY J DATE OF ORDER: 5 MAY 2017
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the respondent's costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
(Delivered ex tempore, revised from transcript)
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