BGP16 v Minister for Immigration and Border Protection [2017] FCA 261

FEDERAL COURT OF AUSTRALIA

BGP16 v Minister for Immigration and Border Protection [2017] FCA 261 Appeal from: BGP16 v Minister for Immigration and Border Protection (No 2) FCCA 2660

File number: NSD 1839 of 2016

Judge: RARES J

Date of judgment: 16 February 2017

Legislation: Migration Act 1958 (Cth) s 36 Federal Circuit Court Rules 2001 r 13.03C

Cases cited: Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407

Date of hearing: 16 February 2017

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No Catchwords

Number of paragraphs: 40

Counsel for the Appellant: The Appellant appeared in person

Solicitor for the First Respondent: Mr K Eskerie of Sparke Helmore

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

ORDERS NSD 1839 of 2016

BETWEEN: BGP16 Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: RARES J DATE OF ORDER: 16 FEBRUARY 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.

REASONS FOR JUDGMENT

(REVISED FROM THE TRANSCRIPT) RARES J: 1 This is an appeal from the decision of the Federal Circuit Court dismissing the appellant's application for Constitutional writ relief in respect of the decision of the Administrative Appeals Tribunal given on 3 May 2016 to affirm the Minister's delegate's decision not to grant the appellant a protection visa: BGP16 v Minister for Immigration (No 2) [2016] FCCA 2660.