Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZUTP v Minister for Immigration and Border Protection [2017] FCA 665 Appeal from: SZUTP & Anor v Minister for Immigration & Anor [2016] FCCA 2904
File number(s): NSD 2068 of 2016
Judge(s): DOWSETT J
Date of judgment: 16 June 2017
Catchwords: MIGRATION – judicial review of refusal to grant a Protection (Class XA) visa – Appeal from the Federal Circuit Court – where alleged risk of persecution or significant harm in Lebanon – no appealable error established.
Legislation: Migration Act 1958 (Cth)
Date of hearing: 23 May 2017
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 37
Counsel for the Appellants: The Appellants appeared in person
Solicitor for the Respondents: Ms C Hillary, DLA Piper
ORDERS NSD 2068 of 2016
BETWEEN: SZUTP First Appellant SZUTQ Second Appellant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
JUDGE: DOWSETT J DATE OF ORDER: 16 june 2017
THE COURT ORDERS THAT:
1. the appeal be dismissed; and 2. the appellants pay the Respondents' costs of the appeal. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
DOWSETT J: 1 The second appellant (the "son") arrived in Australia on 1 July 2010 on a student visa. The first appellant (the "father") arrived in Australia on 4 March 2013 on a sponsored visitor visa. On 5 April 2013, the father and son applied to the Department of Immigration for Protection (Class XA) visas under the Migration Act 1958 (Cth) (the "Migration Act"). The son's application was made as a member of the father's family, not having his own claim for protection. On 3 October 2013, a delegate of the first respondent (the "Minister") refused both applications. The appellant applied to the second respondent ("the Tribunal") for a review of the delegate's decision.
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