BFF17 v Minister for Immigration and Border Protection [2018] FCA 830

FEDERAL COURT OF AUSTRALIA

BFF17 v Minister for Immigration and Border Protection [2018] FCA 830 Appeal from: BFF17 v Minister for Immigration and Anor [2017] FCCA 3037

File number: NSD 2225 of 2017

Judge: LOGAN J

Date of judgment: 16 May 2018

Catchwords: MIGRATION – appeal against Federal Circuit Court – whether primary judge erred – whether the Immigration Assessment Authority engaged in speculation – reasonable and rational basis for predictive tasks. Held – appeal dismissed with costs.

Legislation: Migration Act 1958 (Cth) ss 46A, 473B(c) 473D(e)

Cases cited: S395/2002 v The Minister for Immigration and Multi-Cultural Affairs (2003) 216 CLR 473 Minister for Immigration and Ethnic Affairs v Guo Wei Rong (1997) 191 CLR 559

Date of hearing: 16 May 2018

Date of last submissions: 8 May 2018

Registry: Queensland

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 16

Counsel for the Appellant: The appellant appeared in person with the assistance of an interpreter

Counsel for the Respondents: Mr N Swan

Solicitor for the Respondents: Mills Oakley Lawyers

ORDERS NSD 2225 of 2017

BETWEEN: BFF17 Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

IMMIGRATION ASSESSMENT AUTHORITY Second Respondent

JUDGE: LOGAN J DATE OF ORDER: 16 MAY 2018

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the first respondent's costs of and incidental to the appeal, to be taxed if not agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.