CNH16 v Minister for Immigration and Border Protection [2018] FCA 866

FEDERAL COURT OF AUSTRALIA

CNH16 v Minister for Immigration and Border Protection [2018] FCA 866 Appeal from: CNH16 v Minister for Immigration & Anor [2017] FCCA 2845

File number: NSD 1939 of 2017

Judge: STEWARD J

Date of judgment: 8 June 2018

Legislation: Migration Act 1958 (Cth) s 473DE

Date of hearing: 16 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: 10

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

Counsel for the First Respondent: Mr G Johnson

Solicitor for the First Respondent: Mills Oakley

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

ORDERS NSD 1939 of 2017

BETWEEN: CNH16 Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

IMMIGRATION ASSESSMENT AUTHORITY Second Respondent

JUDGE: STEWARD J DATE OF ORDER: 8 JUNE 2018

THE COURT ORDERS THAT:

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

REASONS FOR JUDGMENT

STEWARD J:

INTRODUCTION 1 The appellant is an ethnic Tamil from Sri Lanka who arrived in Australia in September 2012 and subsequently applied for a Safe Haven Enterprise visa on 9 October 2015. On 12 July 2016, a delegate of the first respondent (the "Minister") refused to grant that visa. The matter was then referred to the second respondent (the "IAA"), which then affirmed the Minister's decision. An application for judicial review was made to the Federal Circuit Court of Australia. That application was dismissed on 20 October 2017. From that decision, the appellant now appeals to this Court.