AMD16 v Minister for Immigration and Border Protection [2018] FCA 302

FEDERAL COURT OF AUSTRALIA

AMD16 v Minister for Immigration and Border Protection [2018] FCA 302 Appeal from: AMD16 v Minister for Immigration and Border Protection [2017] FCCA 2321

File number: NSD 1763 of 2017

Judge: ALLSOP CJ

Date of judgment: 16 March 2018

Legislation: Migration Act 1958 (Cth), Pt 7 Div 4, s 36

Cases cited: Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Minister for Immigration and Multicultural Affairs v Jia Legeng [2001] HCA 17; 205 CLR 507 SZSGA v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCA 774

Date of hearing: 9 March 2018

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No Catchwords

Number of paragraphs: 26

Counsel for the Appellant: The Appellant appeared on his own behalf, with the assistance of an interpreter

Solicitor for the First Respondent: Mr A Keevers of Sparke Helmore

ORDERS NSD 1763 of 2017

BETWEEN: AMD16 Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: ALLSOP CJ DATE OF ORDER: 16 MARCH 2018

THE COURT ORDERS THAT:

1. The appeal be dismissed with costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

ALLSOP CJ: 1 This is an appeal from orders made by a judge of the Federal Circuit Court of Australia dismissing an application for judicial review against a decision of the Administrative Appeals Tribunal (the Tribunal) made on 19 February 2016 which affirmed the decision of a delegate of the Minister not to grant the applicant a Protection Visa.