Kaur v Minister for Immigration and Border Protection [2016] FCA 556

FEDERAL COURT OF AUSTRALIA

Kaur v Minister for Immigration and Border Protection [2016] FCA 556 Appeal from: Kaur & Ors v Minister for Immigration & Anor [2015] FCCA 3533

File number(s): VID 2 of 2016

Judge(s): BUCHANAN J

Date of judgment: 20 May 2016

Legislation: Federal Court Rules 2011 (Cth), rr 1.61, 1.61(1), 1.61(5), 36.03, 36.03(a)(i) Migration Act 1958 (Cth), s 97

Cases cited: SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 Trivedi v Minister for Immigration and Border Protection (2014) 220 FCR 169

Date of hearing: 5 May 2016

Registry: Victoria

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No Catchwords

Number of paragraphs: 37

Counsel for the Appellants: The first and second appellants appeared in person and on behalf of the third appellant

Solicitor for the First Respondent: Ms L A Helsdon of Sparke Helmore Lawyers

Counsel for the Second Respondent: The second respondent filed a submitting notice

ORDERS VID 2 of 2016

BETWEEN: RAJWINDER KAUR First Appellant

JAGROOP SINGH Second Appellant

CHARANJOT SINGH CHAHAL Third Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: BUCHANAN J DATE OF ORDER: 20 May 2016

THE COURT ORDERS THAT:

1. The appeal filed on 4 January 2016 be dismissed. 2. The interlocutory application filed on 4 January 2016 be dismissed. 3. The appellants pay the first respondent's costs, as taxed if not agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.