EZA17 v Minister for Immigration

FEDERAL CIRCUIT COURT OF AUSTRALIA

EZA17 v MINISTER FOR IMMIGRATION & ANOR [2018] FCCA 394

Catchwords:
MIGRATION – Review of Administrative Appeals Tribunal decision – refusal of a protection visa – interlocutory dismissal of show cause application – no arguable case of jurisdictional error.

Legislation:

Migration Act 1958 (Cth), ss.499, 501

Federal Circuit Court Rules 2001 (Cth)

Cases cited:

Minister for Immigration v MZYTS (2013) 230 FCR 431; [2013] FCAFC 114
NABE v Minister for Immigration (No. 2) (2004) 144 FCR 1
NAHI v Minister for Immigration [2004] FCAFC 10
NBKT v Minister for Immigration [2006] FCAFC 195
Re Minister for Immigration; Ex parte ApplicantsS134/2002 (2003) 211 CLR 441
S395/2002 v Minister for Immigration 216 CLR 473; [2003] HCA 71

SZNOE v Minister for Immigration [2012] FCA 96

Applicant: EZA17

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 3474 of 2017

Judgment of: Judge Driver

Hearing date: 20 February 2018

Delivered at: Sydney

Delivered on: 20 February 2018

REPRESENTATION

The Applicant appeared in person

Solicitors for the Respondents: Ms J Strugnell of Minter Ellison

INTERLOCUTORY ORDERS

1. Pursuant to rule 44.12(1)(a) of the Federal Circuit Court Rules 2001 (Cth), the application is dismissed.

2. The applicant is to pay the first respondent’s costs and disbursements of and incidental to the application, fixed in the sum of $3,667, in accordance with item 2 of Division 1 of Part 3 of Schedule 1 to the Federal Circuit Court Rules 2001 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 3474 of 2017

EZA17

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(revised from transcript)

1. The applicant seeks judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) made on 10 October 2017.  The Tribunal affirmed a decision of a delegate of the Minister (delegate) not to grant the applicant a protection visa.

2. Background facts relating to the applicant’s claims for protection and the decision of the Tribunal on them are conveniently set out in the Minister’s outline of submissions filed on 13 February 2018. 

3. The applicant is a citizen of Fiji, who arrived in Australia on 7 December 1987 as a two year old child. He was subsequently granted a return (Residence) (Class BB) (subclass 155) visa. On 6 January 2016 the applicant's visa was cancelled on character grounds pursuant to s.501(3A) of the Migration Act 1958 (Cth) (Migration Act). There does not appear to have been any merits or judicial review of that decision. The applicant applied for a protection (Class XA) visa on 20 July 2017.[1]

   [1] court book (CB) 1–37

4. On 2 August 2017 the delegate refused to grant the applicant a protection visa.[2]  The applicant sought review of the delegate's decision before the Tribunal by application received on 10 August 2017.[3] The applicant appeared at a hearing before the Tribunal on 22 September 2017.[4]

   [2] CB 53–61

   [3] CB 65–73

   [4] CB 100–102

5. The Tribunal made its decision…