BWM15 v Minister for Immigration and Border Protection [2017] FCA 1157

FEDERAL COURT OF AUSTRALIA

BWM15 v Minister for Immigration and Border Protection [2017] FCA 1157 Appeal from: BWM15 v Minister for Immigration [2016] FCCA 2207

File number: NSD 1397 of 2016

Judge: PERRAM J

Date of judgment: 29 September 2017

Catchwords: MIGRATION – appeal from Federal Circuit Court – whether failure to provide adequate reasons – whether denial of procedural fairness

Cases cited: BWM15 v Minister for Immigration and Border Protection [2016] FCCA 2207 SZTAL v Minister for Immigration and Border Protection [2016] FCAFC 69; (2016) 243 FCR 556 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34 SZWBH v Minister for Immigration and Border Protection [2015] FCAFC 88; (2015) 229 FCR 317

Date of hearing: 24 November 2016

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 24

Counsel for the Appellant: The Appellant appeared in person

Counsel for the First Respondent: Ms S Burnett

Solicitor for the First Respondent: Clayton Utz

ORDERS NSD 1397 of 2016

BETWEEN: BWM15 Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: PERRAM J DATE OF ORDER: 29 SEPTEMBER 2017

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The Appellant pay the First Respondent's costs. 3. The Appellant provide any response to the affidavit of Mr Thomas Shaw filed on 16 November 2016 on the amount of costs payable within 14 days. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.