Lim v Minister for Immigration and Border Protection [2018] FCA 1322

FEDERAL COURT OF AUSTRALIA

Lim v Minister for Immigration and Border Protection [2018] FCA 1322 Appeal from: Application for leave to appeal: Lim v Minister for Immigration & Anor [2018] FCCA 496

File number: NSD 379 of 2018

Judge: YATES J

Date of judgment: 27 August 2018

Catchwords: MIGRATION – application for leave to appeal – whether ground stated in draft notice of appeal has reasonable prospects of success – application dismissed

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth), s 5 Federal Court of Australia Act 1976 (Cth), s 24 Migration Act 1958 (Cth), ss 360, 362B, 362C, 379A, 379G

Date of hearing: 27 August 2018

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 19

Counsel for the Applicant: The applicant appeared in person, assisted by an interpreter

Solicitor for the First Respondent: Ms B Rayment of Sparke Helmore Lawyers

Counsel for the Second Respondents: The second respondent filed a submitting notice, save as to costs

ORDERS NSD 379 of 2018

BETWEEN: LINA LIM Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: YATES J DATE OF ORDER: 27 AUGUST 2018

THE COURT ORDERS THAT:

1. The application for leave to appeal dated 14 March 2018 be dismissed. 2. The applicant pay the first respondent's costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.