CVY16 v Minister for Immigration and Border Protection [2018] FCA 179

FEDERAL COURT OF AUSTRALIA

CVY16 v Minister for Immigration and Border Protection [2018] FCA 179 Appeal from: CVY16 v Minister for Immigration and Border Protection [2017] FCCA 2508

File number: SAD 306 of 2017

Judge: GRIFFITHS J

Date of judgment: 28 February 2018

Catchwords: MIGRATION – appeal from a judgment of the Federal Circuit Court of Australia – whether the primary judge erred in finding that the AAT did not commit jurisdictional error, in circumstances where the AAT disbelieved the appellant's claims and found that relocation within India was reasonable and practicable – whether the primary judge erred in finding that it was not inappropriate or unfair for the AAT to refuse an adjournment request by the appellant – appeal dismissed, with costs

Legislation: Migration Act 1958 (Cth)

Cases cited: Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; 259 ALR 429

Date of hearing: 27 February 2018

Registry: South Australia

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 28

Counsel for the Appellant: The appellant appeared in person, with the assistance of an interpreter

Counsel for the First Respondent: Ms M Scanlon

Solicitor for the First Respondent: The Australian Government Solicitor

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

ORDERS SAD 306 of 2017

BETWEEN: CVY16 Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent