AJN16 v Minister for Immigration and Border Protection [2018] FCA 176

FEDERAL COURT OF AUSTRALIA

AJN16 v Minister for Immigration and Border Protection [2018] FCA 176 Appeal from: AJN16 v Minister for Immigration & Anor [2017] FCCA 2061

File number(s): VID 944 of 2017

Judge(s): DERRINGTON J

Date of judgment: 27 February 2018

Catchwords: MIGRATION – Appeal from decision of Federal Circuit Court of Australia dismissing application for judicial review of a decision of the AAT – Whether the AAT misapplied Complimentary Protection criterion provisions of the Migration Act and regulations – no error made

Legislation: Migration Act 1958 (Cth) Migration Regulations 1994 (Cth)

Cases cited: Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 Rawsthorne v Minister for Immigration and Citizenship (2013) 140 ALD 524

Date of hearing: 27 February 2018

Registry: Victoria

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 39

Counsel for the Appellant: The appellant did not appear

Solicitor for the Respondents: Mr A Cunynghame of Sparke Helmore Lawyers

ORDERS VID 944 of 2017

BETWEEN: AJN16 Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: DERRINGTON J DATE OF ORDER: 27 FEBRUARY 2018

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the costs of the first respondent fixed in the amount of $4,363 being a lesser sum than that prescribed by Schedule 3, Part XV of the Rules of the Federal Court of Australia. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.