DEP16 v Minister for Immigration and Border Protection [2017] FCA 1375

FEDERAL COURT OF AUSTRALIA

DEP16 v Minister for Immigration and Border Protection [2017] FCA 1375 Appeal from: DEP16 v Minister for Immigration & Anor [2017] FCCA 1298

File number: NSD 1241 of 2017

Judge: ALLSOP cj

Date of judgment: 21 November 2017

Legislation: Migration Act 1958 (Cth) Federal Circuit Court Rules 2001, r 44.12

Date of hearing: 21 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: 15

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

Solicitor for the First Respondent: Ms S A Given of HWL Ebsworth Lawyers

Counsel for the Second Respondent The second respondent filed a submitting notice, save as to costs

ORDERS NSD 1241 of 2017

BETWEEN: DEP16 Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: ALLSOP CJ DATE OF ORDER: 21 NOVEMBER 2017

THE COURT ORDERS THAT:

1. The adjournment sought by the applicant be granted conditionally in the terms identified below. 2. The applicant has leave on or before 5 December 2017 to file and serve written submissions and any other material upon which he will seek to rely in support of his appeal against the decision of the Administrative Appeals Tribunal and/or the Federal Circuit Court. 3. The Court will, after the filing of said submissions, consider those submissions. 4. If the Court is of the view that there is a case to answer as to the decision of the Tribunal and/or the decision of the Federal Circuit Court, it will contact the parties to either relist the hearing or require further submissions. 5. If the Court receives no submissions, or if the Court is of the view that such submissions as are filed do not provide a ground for considering that the Tribunal or the primary judge was in error, the Court will deal with the matter henceforth on the papers.