AZK15 v Minister for Immigration and Border Protection [2015] FCA 1444

FEDERAL COURT OF AUSTRALIA

AZK15 v Minister for Immigration and Border Protection [2015] FCA 1444 Citation: AZK15 v Minister for Immigration and Border Protection [2015] FCA 1444

Appeal from: AZK15 v Minister for Immigration & Anor [2015] FCCA 2303 AZK15 v Minister for Immigration & Anor (No 2) [2015] FCCA 2330

Parties: AZK15 v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and ADMINISTRATIVE APPEALS TRIBUNAL

File number: NSD 1073 of 2015

Judge: JAGOT J

Date of judgment: 18 December 2015

Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court – whether primary judge erred in dismissing application for judicial review of a decision to refuse to grant a protection visa – no error established – appeal dismissed COSTS – whether primary judge erred in making a fixed sum costs order – appellant denied procedural fairness – fixed sum costs order set aside and substituted with the usual order as to costs

Legislation: Migration Act 1958 (Cth) ss 5(1), 36(3), 427(1)(d), 499(2A)

Cases cited: Abebe v Commonwealth [1999] HCA 14; (1999) 197 CLR 510 AZK15 v Minister for Immigration & Anor (No 2) [2015] FCCA 2330 AZK15 v Minister for Immigration & Anor [2015] FCCA 2303 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; (2003) 73 ALD 321 Htun v Minister for Immigration and Multicultural Affairs [2001] FCA 1802; (2001) 194 ALR 244 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; (2013) 212 FCR 99 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; (2004) 144 FCR 1 NBKE v Minister for Immigration and Citizenship [2007] FCA 126 SZBYR v Minister for Immigration and Citizenship [2007] HCA 26; (2007) 96 ALD 1 SZMYO v Minister for Immigration and Citizenship [2011] FCA 506 SZUQZ v Minister for Immigration & Anor [2015] FCCA 1552 SZUWX v Minister for Immigration & Anor [2015] FCCA 2151