Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BTS15 v Minister for Immigration and Border Protection [2018] FCA 1264 Appeal from: BTS15 v Minister for Immigration & Anor [2017] FCCA 3058
File number: VID 1318 of 2017
Judge: KENNY J
Date of judgment: 21 August 2018
Legislation: Migration Act 1958 (Cth)
Date of hearing: 21 August 2018
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: No Catchwords
Number of paragraphs: 39
The Appellant appeared in person with the assistance of an interpreter
Counsel for the First Respondent: Mr J Grant
Solicitor for the First Respondent: Sparke Helmore
Counsel for the Second Respondent: The Second Respondent submitted to any order, save as to costs.
ORDERS VID 1318 of 2017
BETWEEN: BTS15 Appellant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
JUDGE: KENNY J DATE OF ORDER: 21 AUGUST 2018
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the first respondent's costs of the appeal, as agreed or taxed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
KENNY J: 1 This is an appeal from the judgment and orders of the Federal Circuit Court of Australia (Federal Circuit Court) delivered on 16 November 2017, which dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) dated 6 August 2015. The Tribunal had affirmed a decision of a delegate of the respondent Minister (delegate) dated 13 June 2014 to refuse the appellant's application for a Protection (Class XA) visa (protection visa). The Federal Circuit Court judgment has the citation BTS15 v Minister for Immigration & Anor [2017] FCCA 3058. 2 The respondent Minister has filed written submissions in the appeal proceeding. The appellant has not done so. The appellant appeared in person today. With the aid of an interpreter, he briefly responded to the Court.
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