CAF15 v Minister for Immigration and Border Protection [2016] FCA 1589

FEDERAL COURT OF AUSTRALIA

CAF15 v Minister for Immigration and Border Protection [2016] FCA 1589 Appeal from: CAF15 & ors v Minister for Immigration & anor [2016] FCCA 1336

File number: NSD 999 of 2016

Judge: RARES J

Date of judgment: 8 November 2016

Legislation: Migration Act 1958 (Cth) ss 36, 425

Cases cited: SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152

Date of hearing: 8 November 2016

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No Catchwords

Number of paragraphs: 37

Counsel for the Appellants: The first appellant appeared in person on behalf of the appellants

Solicitor for the First Respondent: Mr R White of Mills Oakley

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

ORDERS NSD 999 of 2016

BETWEEN: CAF15 First Appellant

CAG15 Second Appellant

CAH15 Third Appellant CAI15 Fourth Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: RARES J DATE OF ORDER: 8 NOVEMBER 2016

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The first and second 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 to refuse the appellants Constitutional writ relief in respect of the decision by the Administrative Appeals Tribunal made on 14 September 2015 to affirm the Minister's delegate's decision not to grant the appellants protection visas: CAF15 v Minister for Immigration [2016] FCCA 1336.