BZAAA v Minister for Immigration and Border Protection [2017] FCA 1634

FEDERAL COURT OF AUSTRALIA

BZAAA v Minister for Immigration and Border Protection [2017] FCA 1634 Appeal from: BZAAA v Minister for Immigration [2017] FCCA 1714

File number: NSD 1250 of 2017

Judge: RARES J

Date of judgment: 16 November 2017

Legislation: Migration Act 1958 (Cth) ss 5, 36

Cases cited: BZAAA v Minister for Immigration [2017] FCCA 1714 Minister for Immigration and Border Protection v SZVCH (2016) 244 FCR 366

Date of hearing: 16 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: 37

Counsel for the Appellant: The Appellant appeared in person

Solicitor for the First Respondent: Mr T Shaw of Clayton Utz

Counsel for the Second Respondent: The Second Respondent filed a Submitting Notice

ORDERS NSD 1250 of 2017

BETWEEN: BZAAA Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: RARES J DATE OF ORDER: 16 NOVEMBER 2017

THE COURT ORDERS THAT:

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

REASONS FOR JUDGMENT

(REVISED FROM THE TRANSCRIPT) RARES J: 1 This is an appeal from the decision of the Federal Circuit Court refusing the appellant's claim for Constitutional writ relief in respect of the decision of the Administrative Appeals Tribunal given on 18 December 2015 to affirm the decision of the Minister's delegate dated 29 July 2014 to refuse to grant him a protection visa: BZAAA v Minister for Immigration [2017] FCCA 1714.