Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BUZ15 v Minister for Immigration and Border Protection [2017] FCA 23 Appeal from: BUZ15 v Minister for Immigration & Anor [2016] FCCA 1735
File number: NSD 1320 of 2016
Judge: GLEESON J
Date of judgment: 31 January 2017
Catchwords: MIGRATION – appeal from a decision of Federal Circuit Court of Australia – no appellable error identified in the decision below – appeal dismissed
Cases cited: Appellant S395/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 71; 216 CLR 473 BUY15 v Minister for Immigration & Anor [2017] FCA 22 SZATV v Minister for Immigration & Citizenship [2007] HCA 40; 237 ALR 634
Date of hearing: 21 November 2017
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 52
Counsel for the Appellant: Mr J Williams
Solicitor for the Respondents: Mr K Eskerie of Sparke Helmore
ORDERS NSD 1320 of 2016
BETWEEN: BUZ15 Appellant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
JUDGE: GLEESON J DATE OF ORDER: 31 JANUARY 2017
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the first respondent's costs of the appeal. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
GLEESON J: 1 The appellant has appealed from a decision of a judge of the Federal Circuit Court of Australia ("FCCA") dismissing the appellant's application for judicial review of a decision of the Administrative Appeals Tribunal ("Tribunal"): BUZ15 v Minister for Immigration & Anor [2016] FCCA 1735. The Tribunal's decision was to affirm the decision of a delegate of the Minister for Immigration and Border Protection ("Minister") not to grant the appellant a Protection (Class XA) visa ("protection visa"). 2 The appeal was heard concurrently with the appeal in BUY15 v Minister for Immigration & Anor [2017] FCA 22 ("BUY15").
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