MZAFS v Minister for Immigration and Border Protection [2016] FCA 1449

FEDERAL COURT OF AUSTRALIA

MZAFS v Minister for Immigration and Border Protection [2016] FCA 1449 Appeal from: MZAFS & Ors v Minister for Immigration and Border Protection & Anor (No. 2) [2016] FCCA 1872

File number: VID 954 of 2016

Judge: DAVIES J

Date of judgment: 1 December 2016

Catchwords: MIGRATION – appeal of dismissal of application for review – whether adverse credit finding was open on the evidence before the Tribunal – whether obligation on the Tribunal to pursue inquiries of its own – whether denial of procedural fairness

Legislation: Migration Act 1958 (Cth)

Cases cited: CQG15 v Minister for Immigration and Border Protection [2016] FCAFC 146

Date of hearing: 23 November 2016

Registry: Victoria

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 12

Counsel for the Appellant: The Appellant appeared in person

Counsel for the First Respondent: G A Hill

Solicitor for the First Respondent: Sparke Helmore Lawyers

Counsel for the Second Respondent: The Second Respondent filed a submitting notice, save as to costs

ORDERS VID 954 of 2016

BETWEEN: MZAFS Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: DAVIES J DATE OF ORDER: 1 december 2016

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The Appellant pay the First Respondent's costs of the appeal, such costs to be taxed in default of agreement. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.