ADA15 v Minister for Immigration and Border Protection [2016] FCA 634

FEDERAL COURT OF AUSTRALIA

ADA15 v Minister for Immigration and Border Protection [2016] FCA 634 Appeal from: ADA15 v Minister for Immigration & Anor [2016] FCCA 291

File number: NSD 338 of 2016

Judge: NORTH J

Date of judgment: 25 May 2016

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

Date of hearing: 25 May 2016

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No Catchwords

Number of paragraphs: 27

Counsel for the Appellant: The Appellant appeared in person

Counsel for the Respondents: Mr P Cleary

Solicitor for the Respondents: Mills Oakley

ORDERS NSD 338 of 2016

BETWEEN: ADA15 Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: NORTH J DATE OF ORDER: 25 MAY 2016

THE COURT ORDERS THAT:

1. The application for an adjournment is dismissed. 2. The appeal is dismissed. 3. The appellant pay the first respondent's costs as agreed or assessed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

NORTH J:

introduction 1 Before the Court is an appeal from orders made by the Federal Circuit Court on 17 February 2016. The Federal Circuit Court dismissed an application for review of a decision of the Administrative Appeals Tribunal, then the Refugee Review Tribunal, made on 9 February 2015. The Tribunal affirmed a decision of the delegate of the first respondent, the Minister for Immigration and Border Protection, not to grant the appellant a protection visa. 2 The appellant is a citizen of Bangladesh who claimed a fear of persecution on the basis of his support and membership of the Bangladesh Nationalist Party. He claimed various office holdings in that organisation and further claimed that he had experienced attacks and abuse in the course of political campaigning.