McLaughlin v Minister for Immigration and Border Protection [2016] FCA 1222

FEDERAL COURT OF AUSTRALIA

McLaughlin v Minister for Immigration and Border Protection [2016] FCA 1222 File number(s): SAD 148 of 2016

Judge(s): CHARLESWORTH J

Date of judgment: 27 September 2016

Legislation: Federal Court Rules 2011 (Cth), rr 31.05, 31.21, 31.22, 31.24 Judiciary Act 1903 (Cth), ss 39B(1), 39B(1A) Migration Act 1958 (Cth), ss 5, 13, 14, 474, 476A

Cases cited: ABAR15 v Minister for Immigration and Border Protection [2016] FCA 363 Fernando v Minister for Immigration and Citizenship (2007) 165 FCR 471 Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597

Date of hearing: 29 August and 27 September 2016

Date of last submissions: 27 September 2016

Registry: South Australia

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No Catchwords

Number of paragraphs: 15

Counsel for the Applicant: The applicant appeared in person

Counsel for the Respondent: Mr P d'Assumpcao

Solicitor for the Respondent: Australian Government Solicitor

ORDERS SAD 148 of 2016

BETWEEN: GERRARD PATRICK MCLAUGHLIN Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION Respondent

JUDGE: CHARLESWORTH J DATE OF ORDER: 27 SEPTEMBER 2016

THE COURT ORDERS THAT:

1. The respondent's objection to competency is upheld. 2. The action is dismissed. 3. The applicant is to pay the respondent's costs of and incidental to the originating application and the respondent's notice of objection to competency. 4. The applicant has leave to inspect the transcript of today's hearing by way of a "read only" electronic file to be provided to the applicant by email from the South Australia District Registry. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.