Kumar v Minister for Immigration and Border Protection [2015] FCA 796

FEDERAL COURT OF AUSTRALIA

Kumar v Minister for Immigration and Border Protection [2015] FCA 796 Citation: Kumar v Minister for Immigration and Border Protection [2015] FCA 796

Appeal from: Application for leave to appeal: Kumar v Minister for Immigration & Anor [2015] FCCA 925

Parties: SONI KUMAR v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and ADMINISTRATIVE APPEALS TRIBUNAL

File number: SAD 45 of 2015

Judge: BESANKO J

Date of judgment: 4 August 2015

Legislation: Federal Circuit Court Rules 2001 (Cth) r 13.03C Federal Court Rules 2011 (Cth) r 35.33

Date of hearing: 4 August 2015

Place: Adelaide

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 4

Counsel for the Applicant: The Applicant did not appear

Counsel for the First Respondent: Mr P d'Assumpcao

Solicitor for the First Respondent: Australian Government Solicitor

Counsel for the Second Respondent: The second respondent entered a submitting notice, save as to costs

IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION SAD 45 of 2015

BETWEEN: SONI KUMAR

Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

JUDGE: BESANKO J DATE OF ORDER: 4 AUGUST 2015 WHERE MADE: ADELAIDE

THE COURT ORDERS THAT:

1. The name of the first respondent be amended to read "Minister for Immigration and Border Protection". 2. The name of the second respondent be amended to read "Administrative Appeals Tribunal". 3. The application for leave to appeal be dismissed pursuant to r 35.33(1)(a)(i) of the Federal Court Rules 2011 (Cth). 4. The applicant pay the costs of the first respondent fixed in the sum of $1,756.00. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.