SZVYD v Minister for Immigration and Border Protection [2018] FCA 557

SZVYD v Minister for Immigration and Border Protection [2018] FCA 557

Leave was given to file an amended notice of appeal focusing on whether the relevant Bangladeshi law is one of general application, and if discriminatory, whether it serves a legitimate object; procedural directions and costs orders were made accordingly.

Parties
Appellant: SZVYD; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
23 April 2018
Procedural Posture
Appeal / Interlocutory Orders; Directions for Amended Notice of Appeal and Submissions Prior to Substantive Appeal Hearing
Outcome
Appeal stood over for further directions; procedural orders made; costs thrown away awarded against appellant.
Legal Topics
Protection Visa, Law of General Application, Costs in Appellate Procedure, Judicial Review, Discrimination, Procedural Orders
Migration Law Administrative Law Protection Visa Law of General Application Costs in Appellate Procedure Judicial Review Discrimination Procedural Orders

Case Brief

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Parties

SZVYD

Appellant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Interlocutory Orders; Directions for Amended Notice of Appeal and Submissions Prior to Substantive Appeal Hearing

Legal Issues

  1. 1 Whether Bangladeshi Intoxicant Control Act 1990 is a law of general application
  2. 2 If discriminatory, whether the law is appropriate and adapted to a legitimate object in Bangladesh
  3. 3 Whether the Tribunal and Circuit Court erred in concluding no jurisdictional error

Ratio Decidendi

Leave was given to file an amended notice of appeal focusing on whether the relevant Bangladeshi law is one of general application, and if discriminatory, whether it serves a legitimate object; procedural directions and costs orders were made accordingly.

Court Disposition

Appeal stood over for further directions; procedural orders made; costs thrown away awarded against appellant.

Orders

  • Appeal stood over to be re-listed for hearing before Full Court or single judge.
  • Appellant to file amended notice of appeal and submissions by 4 May 2018, including affidavit explaining non-compliance.