ACA15 v Minister for Immigration and Border Protection [2016] FCA 107

FEDERAL COURT OF AUSTRALIA

ACA15 v Minister for Immigration and Border Protection [2016] FCA 107 Appeal from: ACA15 v Minister for Immigration & Anor [2015] FCCA 2727

File number: NSD 1182 of 2015

Judge: FARRELL J

Date of judgment: 16 February 2016

Legislation: Migration Act 1958 (Cth) ss 36(2), 46A(2), 424AA

Cases cited: Minister for Immigration & Multicultural Affairs v Jia (2001) 2015 CLR 507; [2001] HCA 17 Refugee Review Tribunal; Ex Parte H (2001) 75 ALJR 982; [2001] HCA 28

Date of hearing: 16 February 2016

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No Catchwords

Number of paragraphs: 26

Counsel for the Appellant: The appellant appeared in person with the assistance of an interpreter

Solicitor for the First Respondent: Ms S Given of Sparke Helmore Lawyers

Counsel for the Second Respondent: The second respondent submitted save as to costs

ORDERS NSD 1182 of 2015

BETWEEN: ACA15 Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: FARRELL J DATE OF ORDER: 16 February 2016

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the first respondent's costs as agreed or taxed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT 1 This is an appeal from a judgment of the Federal Circuit Court of Australia delivered on 27 August 2015: ACA15 v Minister for Immigration & Anor [2015] FCCA 2727 ("ACA15"). The primary judge dismissed an application for judicial review of a decision of the Refugee Review Tribunal (now the Administrative Appeals Tribunal) made on 9 February 2015. The Tribunal affirmed a decision of a delegate of the Minister made on 27 August 2013 to refuse the grant of a Protection (Class XA) visa to the appellant.