CPM16 v Minister for Immigration and Border Protection [2017] FCA 1475

FEDERAL COURT OF AUSTRALIA

CPM16 v Minister for Immigration and Border Protection [2017] FCA 1475 Appeal from: CPM16 & Anor v Minister for Immigration & Anor [2017] FCCA 987

File number: NSD 869 of 2017

Judge: O'CALLAGHAN J

Date of judgment: 22 November 2017

Date of publication of reasons: 7 December 2017

Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court of Australia – whether primary judge erred by not holding that the decision of the Administrative Appeals Tribunal was unreasonable – whether primary judge erred by not holding that the Administrative Appeals Tribunal misconstrued or misapplied relevant law – whether primary judge erred by not holding that the Administrative Appeals Tribunal erred by failing to consider s 91R of the Migration Act 1958 (Cth) – whether primary judge erred by otherwise not considering legal and factual errors made by the Administrative Appeals Tribunal – appeal dismissed

Legislation: Migration Act 1958 (Cth), ss 36(2)(a) and (aa), 91R

Date of hearing: 22 November 2017

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 20

Counsel for the First Appellant: The first appellant appeared in person

Counsel for the First Respondent: Mr M Wiese

Solicitor for the First Respondent: Clayton Utz

Counsel for the Second Respondent: Second Respondent filed a submitting notice save as to costs

ORDERS NSD 869 of 2017

BETWEEN: CPM16

First Appellant