Federal Court of Australia Judgment: SZTUU v Minister for Immigration and Border Protection [2015] FCA 886

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

FEDERAL COURT OF AUSTRALIA

SZTUU v Minister for Immigration and Border Protection [2015]

Citation:

SZTUU v Minister for Immigration and Border Protection [2015]

Appeal from:

SZTUU v Minister for Immigration & [2015]

Parties:

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

File number

368 of 2015

Judge

RANGIAH J

Date of judgment:

12 August 2015

Catchwords:

MIGRATION – appeal from Federal Circuit Court – refusal to grant protection visa – where application to Refugee Review Tribunal decided in appellant’s absence – whether any jurisdictional error – appeal dismissed

Legislation:

Migration Act195836(2)(1), 425, )(a),

Migration Regulations 19944.35D

Date of hearing:

12 August 2015

Place:

Sydney

Division:

GENERAL DIVISION

Category:

Catchwords

Number of paragraphs:

Counsel for the Appellant:

The appellant appeared in person with the assistance of an interpreter

Counsel for the Respondents:

The respondents did not appear

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

368 of 2015

ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA

BETWEEN:

SZTUU

Appellant

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

JUDGE

RANGIAH J

DATE OF ORDER:

12 AUGUST 2015

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

  1. The name of the second respondent amended to “Administrative Appeals Tribunal”.

  2. The appeal is dismissed.

  3. There no order as to costs.

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

368 of 2015

ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA

BETWEEN:

SZTUU

Appellant

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

JUDGE

RANGIAH J

DATE:

12 AUGUST 2015

PLACE:

SYDNEY

REASONS FOR JUDGMENT

1This is an appeal from a judgment of the Federal Circuit Court of Australia. That Court dismissed the appellant’s application for constitutional writs directed to the Refugee Review Tribunal (“the Tribunal”). The Tribunal had affirmed a decision of a delegate of the first respondent to refuse the appellant a Protection (Class visa.

2The first respondent has not appeared at the hearing of the appeal. The appeal has proceeded in the absence of any representation for the...

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