COA16 v Minister for Immigration and Border Protection [2018] FCA 475

FEDERAL COURT OF AUSTRALIA

COA16 v Minister for Immigration and Border Protection [2018] FCA 475 Appeal from: COA16 v Minister for Immigration [2017] FCCA 838

File number: NSD 704 of 2017

Judge: RARES J

Date of judgment: 27 February 2018

Legislation: Migration Act 1958 (Cth) Pt 7, Pt 7AA, Div 3, Subdiv C, ss 5J, 36, 46A, 424, 473BA, 473CA, 473CB, 473DA, 473DB, 473DC, 473DD, 473GA, 473GB Convention relating to the Status of Refugees

Cases cited: COA16 v Minister for Immigration [2017] FCCA 838 Minister for Immigration and Border Protection v WZAPN (2015) 254 CLR 610 SZTAL v Minister for Immigration and Border Protection (2017) 347 ALR 405

Date of hearing: 27 February 2018

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No Catchwords

Number of paragraphs: 45

Counsel for the Appellant: The appellant appeared in person

Counsel for the First Respondent: Ms R Graycar

Solicitor for the First Respondent: DLA Piper Australia

ORDERS NSD 704 of 2017

BETWEEN: COA16 Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

IMMIGRATION ASSESSMENT AUTHORITY Second Respondent

JUDGE: RARES J DATE OF ORDER: 27 FEBRUARY 2018

THE COURT ORDERS THAT:

1. The first respondent be granted leave to rely on the notice of contention filed on 19 January 2018. 2. The appeal be dismissed. 3. The appellant pay the first respondent's costs of the appeal except the costs of producing the appeal book. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.