Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CND16 v Minister for Immigration and Border Protection [2018] FCA 199 Appeal from: CND16 & Ors v Minister for Immigration & Anor [2017] FCCA 708
File number: NSD 777 of 2017
Judge: GLEESON J
Date of judgment: 12 February 2018
Catchwords: MIGRATION – appeal from decision of Federal Circuit Court of Australia ("FCCA") – whether FCCA judge failed to make independent judgement of initial decision-maker's decision to deny the appellants protection (Class XA) visas – appeal dismissed as appellants' case unsubstantiated
Legislation: Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa)
Date of hearing: 12 February 2018
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 29
Counsel for the Appellants: The appellants appeared in person
Solicitor for the Respondents: Mr A Markus of Australian Government Solicitor
ORDERS NSD 777 of 2017
BETWEEN: CND16 First Appellant
CNE16 Second Appellant
CNF16 (and another named in the Schedule) Third Appellant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
JUDGE: GLEESON J DATE OF ORDER: 12 February 2018, as varied on 28 february 2018
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The first and second appellants pay the first respondent's costs of the appeal. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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