Gjonej v Minister for Immigration and Border Protection [2015] FCA 159

FEDERAL COURT OF AUSTRALIA

Gjonej v Minister for Immigration and Border Protection [2015] FCA 159 Citation: Gjonej v Minister for Immigration and Border Protection [2015] FCA 159

Appeal from: Gjonej v Minister for Immigration & Anor [2014] FCCA 2113

Parties: ERVIS GJONEJ v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and MIGRATION REVIEW TRIBUNAL

File number: SAD 301 of 2014

Judges: ALLSOP CJ

Date of judgment: 4 March 2015

Legislation: Migration Act 1958 (Cth) ss 359AA, 360, 425 Migration Regulations 1994 (Cth) reg 2.03A

Cases cited: Minister for Immigration and Multicultural and Indigenous Affairs v SCAR (2003) 128 FCR 553 SZQBN v Minister for Immigration and Border Protection [2014] FCA 686

Date of hearing: 2 March 2015

Place: Adelaide

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 28

Counsel for the Appellant: Mr S Ower

Solicitor for the Appellant: McDonald Steed McGrath Lawyers

Solicitor for the Respondents: Mr P d'Assumpcao of Australian Government Solicitor

IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION SAD 301 of 2014

ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA

BETWEEN: ERVIS GJONEJ

Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

JUDGE: ALLSOP CJ DATE OF ORDER: 4 MARCH 2015 WHERE MADE: ADELAIDE

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the costs of the first respondent in the sum of $6,000. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.