SZSSZ v Minister for Immigration and Border Protection [2019] FCA 260

FEDERAL COURT OF AUSTRALIA

SZSSZ v Minister for Immigration and Border Protection [2019] FCA 260 Appeal from: Application for extension of time: SZSSZ & Anor v Minister for Immigration (No. 2) [2018] FCCA 2803

File number: NSD 1945 of 2018

Judge: ALLSOP CJ

Date of judgment: 28 February 2019

Catchwords: MIGRATION – where applicants lodged third protection visa application having already been refused on two prior occasions – where request for ministerial intervention refused by Assistant Minister – where second request for ministerial intervention finalised without referral – whether primary judge erred in finding that Federal Circuit Court lacked jurisdiction over the decision not to refer – no error – application refused

Legislation: Migration Act 1958 (Cth) ss 48A, 48B, 417 Federal Court Rules 2011 (Cth) r 44.12

Cases cited: Minister for Immigration and Border Protection v SZSSJ [2016] HCA 29; 259 CLR 180

Date of hearing: 28 February 2019

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 26

Counsel for the Applicants: The applicants appeared in person with the assistance of an interpreter

Solicitor for the Respondent: A Moss of Clayton Utz

ORDERS NSD 1945 of 2018

BETWEEN: SZSSZ First Applicant

SZSTA Second Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION Respondent

JUDGE: ALLSOP CJ DATE OF ORDER: 28 February 2019

THE COURT ORDERS THAT:

1. The application for an extension of time in which to file and serve an application for leave to appeal is refused with costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.