AKY15 v Minister for Immigration and Border Protection [2016] FCA 232

FEDERAL COURT OF AUSTRALIA

AKY15 v Minister for Immigration and Border Protection [2016] FCA 232 Appeal from: AKY15 v Minister for Immigration & Anor [2015] FCCA 2798

File number(s): SAD 369 of 2015

Judge(s): MARKOVIC J

Date of judgment: 10 March 2016

Cases cited: AZAEY v Minister for Immigration and Border Protection [2015] FCAFC 193 WZAPN v Minister for Immigration and Border Protection (2015) 254 CLR 610

Date of hearing: 3 March 2016

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No Catchwords

Number of paragraphs: 24

Counsel for the Appellant: The Appellant appeared in person

Counsel for the Respondents: Mr K Tredrea

Solicitor for the Respondents: Sparke Helmore

ORDERS SAD 369 of 2015

BETWEEN: AKY15 Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: MARKOVIC J DATE OF ORDER: 10 march 2016

THE COURT ORDERS THAT:

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

REASONS FOR JUDGMENT

MARKOVIC J: 1 This is an appeal from orders made in the Federal Circuit Court of Australia (Federal Circuit Court) on 23 September 2015 dismissing an application for judicial review of a decision of the then Refugee Review Tribunal, now the Administrative Appeals Tribunal (the Tribunal) made on 17 March 2015: AKY15 v Minister for Immigration & Anor [2015] FCCA 2798 (AKY15). The Tribunal affirmed the decision of a delegate of the first respondent (the Minister) not to grant the appellant a Protection (Class XA) visa.