AQR17 v Minister for Immigration and Border Protection [2018] FCA 901

FEDERAL COURT OF AUSTRALIA

AQR17 v Minister for Immigration and Border Protection [2018] FCA 901 Appeal from: AQR17 v Minister for Immigration & Anor [2017] FCCA 2506

File number: NSD 1960 of 2017

Judge: STEWARD J

Date of judgment: 15 June 2018

Catchwords: MIGRATION – application for an extension of time and appeal from a judgment of the Federal Circuit Court of Australia dismissing an application for judicial review – whether the Immigration Assessment Authority failed to consider evidence – no jurisdictional error

Legislation: Migration Act 1958 (Cth) s 473CB

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593

Date of hearing: 14 May 2018

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 21

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

Solicitor for the First Respondent: Ms S Given of HWL Ebsworth

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

ORDERS NSD 1960 of 2017

BETWEEN: AQR17 Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

IMMIGRATION ASSESSMENT AUTHORITY Second Respondent

JUDGE: STEWARD J DATE OF ORDER: 15 JUNE 2018

THE COURT ORDERS THAT:

1. An extension of time within which to file an appeal from the Federal Circuit Court of Australia be granted. 2. 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.