SZSLM v Minister for Immigration and Border Protection

The matter before the court was an application by SZSLM for leave to appeal from a decision of the Federal Circuit Court, and for interlocutory injunctive relief. SZSLM sought to appeal a decision concerning their application for a visa, and argued that the Federal Circuit Court had failed to take into account relevant considerations, including the Convention on the Rights of the Child, in assessing their application. The Minister for Immigration and Border Protection opposed the application, arguing that SZSLM had not established an arguable case for appeal, and that the application for interlocutory injunctive relief was not appropriate.

The court considered whether SZSLM had established an arguable case for appeal, and whether the application for interlocutory injunctive relief was appropriate. The court noted that the Federal Circuit Court had carefully considered the relevant factors in assessing SZSLM’s visa application, including the Data Breach incident, and had not failed to take into account any relevant consideration. The court also considered whether the Convention on the Rights of the Child was a relevant consideration in assessing SZSLM’s visa application, and found that it was not. The court concluded that SZSLM had not established an arguable case for appeal, and that the application for interlocutory injunctive relief was not appropriate.

The court dismissed SZSLM’s interlocutory application for an injunction against the Respondent, and their application for leave to appeal. The court ordered that SZSLM pay the Respondent’s costs of the application in the sum of $1,500. The orders were made under Rule 39.32 of the Federal Court Rules 2011.