DBB16 v Minister for Immigration and Border Protection [2018] FCAFC 178

FEDERAL COURT OF AUSTRALIA

DBB16 v Minister for Immigration and Border Protection [2018] FCAFC 178 Appeal from: DBB16 v Minister for Immigration [2017] FCCA 375

File numbers: NSD 354 of 2017

Judges: PERRAM, WIGNEY AND LEE JJ

Date of judgment: 6 August 2018

Date of publication of reasons: 19 October 2018

Catchwords: MIGRATION – appeal from Federal Circuit Court dismissing appeal from Immigration Assessment Authority – whether Authority had jurisdiction to review delegate's decision to refuse visa – whether Appellant properly notified of refusal to grant visa – whether Appellant was a 'fast track applicant' – whether Appellant entered migration zone at Territory of Ashmore and Cartier Islands – whether Western Lagoon of Ashmore Reef validly proclaimed to be a port STATUTES – Migration Act 1958 (Cth) s 5(5) – meaning of the word 'port'

Legislation: Acts Interpretation Act 1901 (Cth) ss 23, 46 Ashmore and Cartier Island Acceptance Act 1933 (Cth) Christmas Island Act 1958 (Cth) Customs Act 1901 (Cth) Environment, Sport and Territories Legislation Amendment Act 1997 (Cth) Environment Protection and Biodiversity Act 1999 (Cth) Environmental Reform (Consequential Provisions) Act 1999 (Cth) Legislation Act 2003 (Cth) s 13 Migration Act 1958 (Cth) ss 5, 5AA, 43, 165, 166, 167, 172, 173, 174, pts 7, 7AA Migration Amendment (Excision from the Migration Zone) Act 2001 (Cth) Migration Amendment Act (No 2) 1980 (Cth) Migration Reform Act 1992 (Cth) National Parks and Wildlife Conservation Act 1975 (Cth) (repealed) Statute Law (Miscellaneous Provisions) Act (No 2) 1986 (Cth) Environment Protection and Biodiversity Regulations 2000 (Cth) reg 20.02 Migration Regulations 1994 (Cth) reg 2.40 National Parks and Wildlife Regulations 1977 (Cth) reg 31 Christmas Island Immigration Ordinance 1955 (Imp)