AEP16 v Minister for Immigration and Border Protection [2018] FCA 328

FEDERAL COURT OF AUSTRALIA

AEP16 v Minister for Immigration and Border Protection [2018] FCA 328 Appeal from: AEP16 v Minister for Immigration & Anor [2017] FCCA 1840

File number(s): NSD 1639 of 2017

Judge: BROMWICH J

Date of judgment: 5 March 2018

Legislation: Migration Act 1958 (Cth) ss 424A, 424AA, 425

Cases cited: Minister for Immigration and Citizenship v SZJSS [2010] HCA 48; 243 CLR 164 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; 228 CLR 152 SZBYR v Minister for Immigration and Citizenship [2007] HCA 26; 235 ALR 609 VAF v Minister for Immigration and Indigenous Affairs [2004] FCAFC 23; 236 FCR 549

Date of hearing: 5 March 2018

Registry: New South Wales

Division: General

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No Catchwords

Number of paragraphs: 28

Counsel for the Appellant: Mr J Williams

Counsel for the First Respondent: Mr A Markus

Solicitor for the First Respondent: Australian Government Solicitor

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

ORDERS NSD 1639 of 2017

BETWEEN: AEP16

Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

JUDGE: BROMWICH J DATE OF ORDER: 5 MARCH 2018

THE COURT ORDERS THAT:

1. Leave be refused to rely upon ground 2 in the amended notice of appeal. 2. The appeal be dismissed. 3. The appellant pay the first respondent's costs of and incidental to the appeal as agreed or assessed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.