BKX15 v Minister for Immigration and Border Protection [2018] FCA 967

FEDERAL COURT OF AUSTRALIA

BKX15 v Minister for Immigration and Border Protection [2018] FCA 967 Appeal from: BKX15 v Minister for Immigration and Anor [2017] FCCA 2972

File number: NSD 2247 of 2017

Judge: LOGAN J

Date of judgment: 15 May 2018

Catchwords: MIGRATION – appeal from Federal Circuit Court –alleged failure to consider a component integer of protection visa application. Held – no error – ground of appeal wanting for particularity – appeal dismissed.

Legislation: Migration Act 1958 (Cth) ss 36(2)(aa), 46A, 414

Cases cited: Dranichnikov v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 197 ALR 389; [2003] HCA 26 SZTAL v Minister for Immigration and Border Protection [2017] 91 ALJR 936

Date of hearing: 15 May 2018

Date of last submissions: 15 May 2018

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 13

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

Counsel for the Respondents: Mr T Reilly

Solicitor for the Respondents: Minter Ellison

ORDERS NSD 2247 of 2017

BETWEEN: BKX15 Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: LOGAN J DATE OF ORDER: 15 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.