CTN15 v Minister for Immigration and Border Protection [2017] FCA 611

FEDERAL COURT OF AUSTRALIA

CTN15 v Minister for Immigration and Border Protection [2017] FCA 611 Appeal from: CTN15 v Minister for Immigration & Anor [2016] FCCA 3099

File number: VID 1452 of 2016

Judge: DAVIES J

Date of judgment: 31 May 2017

Catchwords: MIGRATION – appeal from the decision of the Federal Circuit Court to dismiss the application for review of an International Treaties Obligations Assessment

Legislation: Migration Act 1958 (Cth), ss 36(2)(aa), 36(2A)

Cases cited: SZSHK v Minister for Immigration and Border Protection [2013] FCAFC 125; (2013) 138 ALD 26

Date of hearing: 4 May 2017

Registry: Victoria

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 8

Counsel for the Appellant: T Smyth

Solicitor for the Appellant: Victoria Legal Aid

Counsel for the First Respondent: A P Yuile

Solicitor for the First Respondent: Australian Government Solicitor

Counsel for the Second Respondent: The Second Respondent filed a submitting notice, save as to costs

ORDERS VID 1452 of 2016

BETWEEN: CTN15 Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ERNEST ZANATTA IN HIS CAPACITY AS MANAGER, TPV ASSESSMENT VICTORIA Second Respondent

JUDGE: DAVIES J DATE OF ORDER: 31 MAY 2017

THE COURT ORDERS THAT:

1. The Appellant has leave to amend the notice of appeal to insert the word "not" in the first line of ground 1, between the words "in" and "finding". 2. The requirement that an amended notice of appeal be filed with the Court be dispensed with. 3. The appeal be dismissed. 4. The Appellant pay the First Respondent's costs of the appeal, fixed in the sum of $6,439. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.