Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BVJ16 v Minister for Immigration and Border Protection [2017] FCA 1205 Appeal from: BVJ16 v Minister for Immigration and Border Protection & Anor [2017] FCCA 178
File number: NSD 259 of 2017
Judge: BURLEY J
Date of judgment: 13 October 2017
Catchwords: MIGRATION – application for a protection visa (Class XA) – whether the application was a valid application for protection – Form 866 – whether there is incorporation by reference to legislation – an approved form – appeal dismissed
Legislation: Acts Interpretation Act 1901 (Cth) s 49A Legislation Act 2003 (Cth) ss 13, 14 Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 (Cth) Migration Act 1958 (Cth) ss 36,46, 48A,48B,495, Migration Regulations 1994 (Cth) reg 1.18, 2.07, Item 1401 of Schedule 1
Cases cited: Comcare v Broadhurst [2011] FCAFC 39; 192 FCR 497
Date of hearing: 4 August 2017
Date of last submissions: 9 August 2017
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 31
Counsel for the Appellant: The Appellant appeared in person
Counsel for the First Respondent: Ms R Francois
Solicitor for the First Respondent: Australian Government Solicitor
Counsel for the Second Respondent: The Second Respondent filed a submitting appearance, save as to costs
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