SZWBK v Minister for Immigration and Border Protection [2017] FCA 1020

FEDERAL COURT OF AUSTRALIA

SZWBK v Minister for Immigration and Border Protection [2017] FCA 1020 Appeal from: SZWBK & Ors v Minister for Immigration & Anor [2017] FCCA 434

File number: NSD 419 of 2017

Judge: LEE J

Date of judgment: 4 August 2017

Catchwords: MIGRATION – application for judicial review of refusal to grant Protection (Class XA) Visa – application dismissed in the Federal Circuit Court of Australia – appeal from primary judge's decision PRACTICE AND PROCEDURE – application pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth) to dismiss an appeal in the absence of the appellants – where application for adjournment on medical grounds made by the first appellant by letter sent to the Court on the morning of the appeal – where medical evidence unsatisfactory – where application for adjournment dismissed – where appeal does not have reasonable prospects of success – appeal dismissed with costs

Legislation: Migration Act 1958 (Cth), ss 36(2)(a), 36(2)(aa), 36(2B)(a) Federal Court Rules 2011 (Cth), rr 36.75(1)(a)(i), 36.75(2) Convention Relating to the Status of Refugees, opened for signature 28 July 1951, 189 UNTS 137 (entered into force 22 April 1954) Protocol Relating to the Status of Refugees, opened for signature 31 January 1967, 606 UNTS 267 (entered into force 4 October 1967)

Cases cited: ALG15 v Minister for Immigration and Border Protection [2017] FCA 560 MZYEZ v Minister for Immigration and Citizenship [2010] FCA 530 NAKX v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1559 Singh v Minister for Immigration and Border Protection [2016] FCA 108 SZATV v Minister for Immigration and Citizenship [2007] HCA 40; (2007) 233 CLR 18 SZWBK & Ors v Minister for Immigration & Anor [2017] FCCA 434