AMU15 v Minister for Immigration and Border Protection [2016] FCA 841

FEDERAL COURT OF AUSTRALIA

AMU15 v Minister for Immigration and Border Protection [2016] FCA 841 Appeal from: AMU15 v Minister for Immigration and Border Protection [2015] FCCA 2312

File number: NTD 56 of 2015

Judge: MANSFIELD J

Date of judgment: 16 February 2016

Legislation: Migration Act 1958 (Cth)

Cases cited: AMU15 v Minister for Immigration and Border Protection [2015] FCCA 2312 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476

Date of hearing: 25 November 2015

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No Catchwords

Number of paragraphs: 46

Counsel for the Appellant: The appellant appeared in person

Counsel for the Respondents: Z Kent

Solicitor for the Respondents: Australian Government Solicitor

ORDERS NTD 56 of 2015

BETWEEN: AMU15 Appellant AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: MANSFIELD J DATE OF ORDER: 16 February 2016

THE COURT ORDERS THAT:

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

REASONS FOR JUDGMENT

MANSFIELD J 1 The appellant appealed from a judgment of the Federal Circuit Court of Australia delivered on 25 August 2015: AMU15 v Minister for Immigration and Border Protection [2015] FCCA 2312. That Court dismissed an application for judicial review of a decision of the Refugee Review Tribunal, now the Administrative Appeals Tribunal (the Tribunal). The Tribunal had affirmed a decision of a delegate of the Minister to refuse to grant to the appellant a Protection (Class XA visa) (the visa) under the Migration Act 1958 (Cth) (the Act).