Plaintiff B9/2014 v Minister for Immigration and Border Protection [2014] FCAFC 178

FEDERAL COURT OF AUSTRALIA

Plaintiff B9/2014 v Minister for Immigration and Border Protection [2014] FCAFC 178 Citation: Plaintiff B9/2014 v Minister for Immigration and Border Protection [2014] FCAFC 178

Appeal from: Plaintiff B9/2014 v Minister for Immigration [2014] FCCA 2348

Parties: PLAINTIFF B9/2014 BY HIS MOTHER AS LITIGATION GUARDIAN v MINISTER FOR IMMIGRATION AND BORDER PROTECTION

File number: QUD 556 of 2014

Judges: KENNY, EDMONDS AND RANGIAH JJ

Date of judgment: 18 December 2014

Catchwords: MIGRATION – Whether application for protection visa invalid by reason of s 46A of Migration Act 1958 (Cth) because applicant an "unauthorised maritime arrival" – applicant a non-citizen child born in Australia – whether s 10 deeming such a child to have entered Australia at time of birth relevant to s 5AA defining "unauthorised maritime arrival" – s 10 applicable – the appellant an unauthorised maritime arrival – Federal Circuit Court did not err in dismissing judicial review application on basis that the appellant's protection visa application was invalid – appeal dismissed

Legislation: Migration Act 1958 (Cth) Australian Citizenship Act 2007 (Cth) Acts Interpretation Act 1901 (Cth) Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014

Cases cited: Ex parte Walton; Re Levy (1881) 17 Ch D 746 Muller v Dalgety & Co Limited (1909) 9 CLR 693 Federal Commissioner of Taxation v Comber (1986) 10 FCR 88 Plaintiff M70/2011 v Minister for Immigration and Citizenship (2011) 244 CLR 144 Bropho v Western Australia (1990) 171 CLR 1 X7 v Australian Crime Commission (2013) 248 CLR 92 Chu Keng Lim v Minister for Immigration, Local Government and Ethnic Affairs (1992) 176 CLR 1 Al-Kateb v Godwin (2004) 219 CLR 562 Plaintiff M150 of 2013 v Minister for Immigration and Border Protection (2014) 309 ALR 225 FCT v Consolidated Media Holdings Ltd (2012) 250 CLR 503