AYT16 v Minister for Immigration and Border Protection [2017] FCA 252

FEDERAL COURT OF AUSTRALIA

AYT16 v Minister for Immigration and Border Protection [2017] FCA 252 Appeal from: AYT16 v Minister for Immigration and Border Protection & Anor [2016] FCCA 2733

File number(s): NSD 1947 of 2016

Judge(s): PERRAM J

Date of judgment: 16 March 2017

Catchwords: MIGRATION – appeal from Federal Circuit Court – whether Court erred in dismissing appeal from Administrative Appeals Tribunal – whether failure of Tribunal to grant adjournment to Appellant was breach of procedural fairness

Legislation: Migration Act 1958 (Cth) ss 426A(1A)(b), 426A(1B), 426A(1D)(a), 426A(1E), 426A(1F), 426B(4), 430A(1), 430A(3)

Cases cited: Sullivan v Department of Transport (1978) 20 ALR 323 Warrell v Fair Work Australia [2012] FCA 267; (2012) 64 AILR 101-561

Date of hearing: 13 February 2017

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 18

Counsel for the Appellant: The Appellant appeared in person

Counsel for the Respondents: Mr T Reilly

Solicitor for the Respondents: Australian Government Solicitor

ORDERS NSD 1947 of 2016

BETWEEN: AYT16 Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: PERRAM J DATE OF ORDER: 16 MARCH 2017

THE COURT ORDERS THAT:

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