AVO15 v Minister for Immigration and Border Protection [2017] FCA 566

FEDERAL COURT OF AUSTRALIA

AVO15 v Minister for Immigration and Border Protection [2017] FCA 566 Appeal from: Application for leave to appeal: AVO15 v Minister for Immigration & Anor [2016] FCCA 2101

File number: NSD 1429 of 2016

Judge: BARKER J

Date of judgment: 24 May 2017

Catchwords: MIGRATION – application for leave to appeal – application for judicial review in Federal Circuit Court dismissed at show cause hearing – where Tribunal affirmed decision not to grant protection (class XA) visa – whether primary decision attended by sufficient doubt – non-disclosure certificate under s 438(1)(a) of the Migration Act 1958 (Cth) – respondent raises issue as model litigant

Legislation: Federal Court of Australia Act 1976 (Cth) s 24(1A) Freedom of Information Act 1982 (Cth) Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa), 91R, 424A, 438(1)(a) Federal Circuit Court Rules 2001(Cth) rr 44.12, 44.12(1)(a), 44.12(2)

Cases cited: AVO15 v Minister for Immigration & Anor [2016] FCCA 2101 BEG15 v Minister for Immigration and Border Protection [2016] FCCA 2778 Hossam v Minister for Immigration and Border Protection [2016] FCA 1161 Minister for Immigration and Border Protection v Singh [2016] FCAFC 183 Minister for Immigration and Border Protection v WZARH (2015) 256 CLR 326; [2015] HCA 40 MZAFZ v Minister for Immigration and Border Protection [2016] FCA 1081 Spencer v Commonwealth of Australia (2010) 241 CLR 118; [2010] HCA 28 VAUX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588; [2004] FCAFC 158