ABJ16 v Minister for Immigration and Border Protection [2017] FCA 1371

FEDERAL COURT OF AUSTRALIA

ABJ16 v Minister for Immigration and Border Protection [2017] FCA 1371 Appeal from: ABJ16 v Minister for Immigration & Anor [2017] FCCA 1439

File number: NSD 1254 of 2017

Judge: ROBERTSON J

Date of judgment: 22 November 2017

Legislation: Migration Act 1958 (Cth)

Cases cited: SZTAL v Minister for Immigration and Anor [2017] HCA 34; 347 ALR 405

Date of hearing: 22 November 2017

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No Catchwords

Number of paragraphs: 39

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

Solicitor for the First Respondent: Mr A Day of DLA Piper

Counsel for the Second Respondent: The Second Respondent submitted save as to costs

ORDERS NSD 1254 of 2017

BETWEEN: ABJ16 Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: ROBERTSON J DATE OF ORDER: 22 NOVEMBER 2017

THE COURT ORDERS THAT:

1. The appeal is dismissed. 2. The appellant pay the first respondent's costs, as agreed or taxed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

ROBERTSON J:

Introduction 1 This appeal is from the judgment and orders of the Federal Circuit Court of Australia given and made on 7 July 2017, dismissing the application filed in that Court on 8 January 2016. That application sought judicial review of the decision of the Administrative Appeals Tribunal (Tribunal) made on 18 December 2015, affirming the decision not to grant the appellant a Protection visa. 2 The appellant was found by the Tribunal to be a young single Tamil fisherman from Udappu who departed Sri Lanka illegally by boat in 2012.