Shrestha v Minister for Immigration and Border Protection [2018] FCA 1331

FEDERAL COURT OF AUSTRALIA

Shrestha v Minister for Immigration and Border Protection [2018] FCA 1331 Appeal from: Application for leave to appeal: Rohit Schrestha v Minister for Immigration and Border Protection & Anor [2018] FCCA 3447

File number(s): VID 2 of 2018

Judge(s): MIDDLETON J

Date of judgment: 24 August 2018

Legislation: Federal Court of Australia Act 1976 (Cth)

Date of hearing: 24 August 2018

Registry: Victoria

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No Catchwords

Number of paragraphs: 10

Counsel for the Applicant: The applicant did not appear

Counsel for the First Respondent Mr C Tran

Solicitor for the First Respondent: DLA Piper Australia

Counsel for the Second Respondent The Second Respondent filed a submitting notice, save as to costs

Table of Corrections

3 September 2018 On the cover page the FCCA citation has been corrected from Rohit Schrestha v Minister for Immigration and Border Protection & Anor [2018] FCCA 167 to Rohit Schrestha v Minister for Immigration and Border Protection & Anor [2018] FCCA 3447

ORDERS VID 2 of 2018

BETWEEN: ROHIT SHRESTHA Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: MIDDLETON J DATE OF ORDER: 24 AUGUST 2018

THE COURT ORDERS THAT:

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