ACX15 v Minister for Immigration and Border Protection [2017] FCA 1325

FEDERAL COURT OF AUSTRALIA

ACX15 v Minister for Immigration and Border Protection [2017] FCA 1325 Appeal from: ACX15 v Minister for Immigration & Anor [2017] FCCA 1392

File number(s): VID 757 of 2017

Judge(s): DAVIES J

Date of judgment: 30 October 2017

Catchwords: MIGRATION – Appeal from the Federal Circuit Court of Australia; whether jurisdictional error in the Tribunal's decision to refuse to grant the appellant a Protection (Class XA) Visa

Legislation: Migration Act 1958 (Cth)

Cases cited: Minister for Immigration & Border Protection v SZSWB [2014] FCAFC 106 NABE v Minister for Immigration & Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263 SZTAL v Minister for Immigration and Border Protection [2016] FCAFC 69 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34

Date of hearing: 30 October 2017

Registry: Victoria

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 7

Counsel for the Appellant: The Appellant appeared in person with the assistance of an interpreter

Counsel for the Respondents: Mr O Young

ORDERS VID 757 of 2017

BETWEEN: ACX15 Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: DAVIES J DATE OF ORDER: 30 OCTOBER 2017

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The Appellant pay the costs of the first respondent, such costs to be taxed in default of agreement. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.