Cheema v Minister for Immigration and Border Protection [2017] FCA 1311

FEDERAL COURT OF AUSTRALIA

Cheema v Minister for Immigration and Border Protection [2017] FCA 1311 Appeal from: Cheema v Minister for Immigration & Anor [2017] FCCA 1618

File number: VID 701 of 2017

Judge: MORTIMER J

Date of judgment: 3 November 2017

Catchwords: MIGRATION – appeal from Federal Circuit Court decision – no grounds of appeal specified – no compliance with programming orders by appellant – no appearance by appellant – whether any error of Federal Circuit Court reasons apparent to this Court – appeal dismissed

Legislation: Migration Act 1958 (Cth), s 362B Federal Court Rules 2011 (Cth), r 36.75

Date of hearing: 3 November 2017

Registry: Victoria

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 12

Counsel for the Appellant: The Appellant did not appear

Counsel for the First Respondent: Mr A Yuile

Solicitor for the First Respondent: Sparke Helmore

Counsel for the Second Respondent: The Second Respondent submits to any order the Court may make save as to costs

ORDERS VID 701 of 2017

BETWEEN: USMAN IQBAL CHEEMA Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: MORTIMER J DATE OF ORDER: 3 November 2017

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the first respondent's costs of the appeal on a lump sum basis, fixed at $3,500. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.