DQJ16 v Minister for Immigration and Border Protection [2018] FCA 1312

FEDERAL COURT OF AUSTRALIA

DQJ16 v Minister for Immigration and Border Protection [2018] FCA 1312 Appeal from: DQJ16 v Minister for Immigration [2018] FCCA 792

File number NSD 709 of 2018

Judge: MARKOVIC J

Date of judgment: 29 August 2018

Legislation: Migration Act 1958 (Cth) s 476(2)(a), (4)

Cases cited: Minister for Immigration and Citizenship v SZLSP (2010) 187 FCR 362; [2010] FCAFC 108

Date of hearing: 14 August 2018

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No Catchwords

Number of paragraphs: 26

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 709 of 2018

BETWEEN: DQJ16 Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: MARKOVIC J DATE OF ORDER: 29 AUGUST 2018

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the first respondent's costs as agreed or taxed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

MARKOVIC J: 1 This is an appeal from orders made and judgment given in the Federal Circuit Court of Australia (Federal Circuit Court) on 13 April 2018 dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) made on 27 October 2016: see DQJ16 v Minister for Immigration [2018] FCCA 792 (DQJ16).