Federal Court of Australia Judgment: SZUYO v Minister for Immigration [2015] FCA 970

 
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Melbourne: Federal Court of Australia has issued the following press release:

FEDERAL COURT OF AUSTRALIA

ZUYO v Minister for Immigration [2015] FCA

Citation:

SZUYO v Minister for Immigration [2015] FCA

Appeal from:

Application for leave to appeal:SZUYO v Minister for Immigration & Anor [2015] FCCA 1530

Parties:

SZUYO v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and ADMINISTRATIVE APPEALS TRIBUNAL

File number

688 of 2015

Judge

RANGIAH J

Date of judgment:

27 August 2015

Catchwords:

MIGRATION – application for leave to appeal from Federal Circuit Court – refusal to grant protection visa – whether any jurisdictional error – application dismissed

Legislation:

Migration Act 1958 (Cth) s 91R

Federal Circuit Court Rules 2001 (Cth) r 44.12(1)(a)

Cases cited

Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited

Date of hearing:

27 August 2015

Place:

Sydney

Division:

GENERAL DIVISION

Category:

Catchwords

Number of paragraphs:

Counsel for the Applicant:

The applicant appeared in person

Solicitor for the First Respondent:

Ms N Maddocks of DLA Piper

Counsel for the Second Respondent:

The second respondent did not appear

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

NSD 688 of 2015

BETWEEN:

SZUYO

Applicant

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

JUDGE

RANGIAH J

DATE OF ORDER:

27 August 2015

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

  1. The orders made on 11 August 2015 be set aside.

  2. The application for leave to appeal be dismissed.

  3. The applicant pay the first respondent costs of the application.

Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

688 of 2015

BETWEEN:

SZUYO

Applicant

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

JUDGE

RANGIAH J

DATE:

27 August 2015

PLACE:

SYDNEY

REASONS FOR JUDGMENT

1On 15 June 2015 the applicant filed an application for leave to appeal from a judgment of the Federal Circuit Court. The application was listed for hearing on 11 August 2015, but the applicant failed to appear. The application was dismissed in the absence of the applicant’s appearance.

2The applicant then filed an application seeking an order that the orders made on 11 August 2015 be set aside. In an affidavit the applicant explains...

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