AFI15 v Minister for Immigration and Border Protection [2016] FCA 902

FEDERAL COURT OF AUSTRALIA

AFI15 v Minister for Immigration and Border Protection [2016] FCA 902 Appeal from: AFI15 v Minister for Immigration and Border Protection [2016] FCCA 331

File number: NSD 427 of 2016

Judge: GRIFFITHS J

Date of judgment: 5 August 2016

Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court of Australia dismissing judicial review application – whether primary judge erred in failing to set aside Tribunal's decision because of migration agent's "misconduct" and claimed failure of the Tribunal to accept appellant's evidence of harm – appeal dismissed.

Cases cited: SZFDE v Minister for Immigration and Citizenship [2007] HCA 35; 232 CLR 189

Date of hearing: 5 August 2016

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 23

Counsel for the Appellant: The Appellant appeared in person.

Solicitor for the First Respondent: Ms P Blackadder from Sparke Helmore Lawyers

Counsel for the Second Respondent: The Second Respondent submitted to any order the Court might make, save as to costs.

ORDERS NSD 427 of 2016

BETWEEN: AFI15 Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: GRIFFITHS J DATE OF ORDER: 5 august 2016

THE COURT ORDERS THAT:

1. The notice of appeal dated 28 March 2016 is dismissed. 2. The appellant is to 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.