Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BFB17 v Minister for Immigration and Border Protection [2018] FCA 724 Appeal from: BFB17 v Minister for Immigration & Anor [2017] FCCA 2688
File number: NSD 2000 of 2017
Judge: STEWARD J
Date of judgment: 17 May 2018
Legislation: Migration Act 1958 (Cth)
Cases cited: Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220 NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10 Nguyen v Minister for Immigration and Multicultural Affairs (2000) 101 FCR 20
Date of hearing: 17 May 2018
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: No Catchwords
Number of paragraphs: 15
Counsel for the Appellant: The appellant appeared in person with the assistance of an interpreter
Counsel for the Respondents: Ms R Graycar
Solicitor for the Respondents: DLA Piper
ORDERS NSD 2000 of 2017
BETWEEN: BFB17 Appellant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent
IMMIGRATION ASSESSMENT AUTHORITY Second Respondent
JUDGE: STEWARD J DATE OF ORDER: 17 MAY 2018
THE COURT ORDERS THAT:
1. The appeal be dismissed with costs as agreed or as assessed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
(revised from transcript)
STEWARD J: 1 The appellant is a Tamil man from Sri Lanka. He arrived in Australia as an unauthorised maritime arrival on 21 October 2012. On 6 January 2016, the appellant was invited by the first respondent to apply for a Temporary Protection (subclass 785) visa or Safe Haven Enterprise (subclass 790) visa. The appellant sought a Safe Haven Enterprise visa by an application lodged on 7 April 2016. On 20 December 2016, a delegate of the first respondent decided not to grant the visa. His application was then referred to the Immigration Assessment Authority (the "Authority"), which affirmed the delegate's decision on 17 February 2017. On 22 March 2017, the appellant sought judicial review of this decision in the Federal Circuit Court. That application was dismissed by the primary judge on 2 November 2017. The appellant now appeals that decision to this Court.
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