BAH15 v Minister for Immigration and Border Protection [2016] FCA 665

FEDERAL COURT OF AUSTRALIA

BAH15 v Minister for Immigration and Border Protection [2016] FCA 665 Appeal from: BAH15 & Anor v Minister for Immigration & Anor [2015] FCCA 3120

File number: NSD 1621 of 2015

Judge: RARES J

Date of judgment: 11 May 2016

Legislation: Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa) Refugees Convention

Cases cited: Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225

Date of hearing: 11 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: 40

Counsel for the Appellants: The Appellants appeared in person

Counsel for the First Respondent: Ms B Rayment

Solicitor for the First Respondent: Mills Oakley

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

ORDERS NSD 1621 of 2015

BETWEEN: BAH15 First Appellant

BAHI15 Second Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: RARES J DATE OF ORDER: 11 MAY 2016

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellants 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

(REVISED FROM THE TRANSCRIPT) RARES J: 1 This is an appeal from the decision of the Federal Circuit Court, refusing the appellants constitutional writ relief in respect of the decision of the Refugee Review Tribunal given on 19 May 2015 to affirm the Minister's delegate's decision not to grant the appellants protection visas: BAH15 v Minister for Immigration [2015] FCCA 3120.