Herath v Minister for Immigration and Border Protection [2018] FCA 1273

FEDERAL COURT OF AUSTRALIA

Herath v Minister for Immigration and Border Protection [2018] FCA 1273 Appeal from: Herath v Minister for Immigration & Anor [2017] FCCA 3068

File number: VID 1152 of 2017

Judge: KENNY J

Date of judgment: 6 September 2018

Legislation: Migration Act 1958 (Cth) Acts Interpretation Act 1901 (Cth) Migration Regulations 1994

Date of hearing: 6 September 2018

Registry: Victoria

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No Catchwords

Number of paragraphs: 36

The Appellant appeared in person with the assistance of an interpreter

Counsel for the First Respondent: Mr A Cunynghame

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 1152 of 2017

BETWEEN: HERATH MUDIYANSELAGE RUSITHA BANDARA HERATH Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: KENNY J DATE OF ORDER: 6 SEPTEMBER 2018

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the first respondent's costs of the appeal fixed in the sum of $6439. 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 a judgment of the Federal Circuit Court delivered on 9 October 2017, dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) dated 25 February 2016. The Tribunal decided that it did not have jurisdiction to review a decision of a delegate of the first respondent (delegate) dated 18 December 2015, to refuse to grant the appellant a Student (Temporary) (Class TU) visa (Visa). 2 The first respondent filed written submissions in accordance with orders of the Court. The appellant did not. The appellant appeared today to present his case. He was assisted by an interpreter. The hearing of this matter was adjourned from 23 August 2018 until today after it appeared that the appellant had not received the first respondent's pre-hearing submissions and other material due to a change in his address notified to the Federal Circuit Court but not (so it seemed) to this Court.