BLI15 v Minister for Immigration and Border Protection [2017] FCA 1284

FEDERAL COURT OF AUSTRALIA

BLI15 v Minister for Immigration and Border Protection [2017] FCA 1284 Appeal from: BLI15 v Minister for Immigration & Anor [2017] FCCA 620

File number(s): WAD 279 of 2017

Judge(s): SIOPIS J

Date of judgment: 3 November 2017

Date of hearing: 31 October 2017

Registry: Western Australia

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No Catchwords

Number of paragraphs: 26

Counsel for the Appellant: The Appellant appeared in person.

Counsel for the First Respondent: Ms E Tattersall

Solicitor for the First Respondent: Sparke Helmore

ORDERS WAD 279 of 2017

BETWEEN: BLI15 Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: SIOPIS J DATE OF ORDER: 3 NOVEMBER 2017

THE COURT ORDERS THAT:

1. The appellant's appeal is dismissed. 2. The appellant is to 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

SIOPIS J: 1 This is an appeal from orders of the Federal Circuit Court of Australia made on 24 May 2017, dismissing the appellant's application for judicial review of a decision of the Refugee Review Tribunal (now the Administrative Appeals Tribunal) (the Tribunal). 2 The appellant is a 38 year old male of Tamil ethnicity and a citizen of Sri Lanka. 3 The appellant arrived in Australia in July 2012 as an unauthorised maritime arrival. On 2 January 2013, the appellant applied for a protection visa, claiming to fear harm if returned to Sri Lanka due to his Tamil ethnicity. 4 On 17 February 2014, a delegate of the Minister for Immigration and Border Protection refused to grant the appellant a protection visa. The appellant sought a review of the refusal by the Tribunal. Before the Tribunal, the appellant also claimed to fear harm if returned to Sri Lanka due to being imputed with a political opinion in support of the Liberation Tigers of Tamil Eelam (LTTE) and on the basis of being a failed asylum seeker and an illegal departee from Sri Lanka. On 26 June 2015, the Tribunal affirmed the decision of the delegate. 5 As mentioned, the Federal Circuit Court dismissed the appellant's application for judicial review of the Tribunal decision, and the appellant now appeals to this Court.