AAG17 v Minister for Immigration and Border Protection [2018] FCA 1862

FEDERAL COURT OF AUSTRALIA

AAG17 v Minister for Immigration and Border Protection [2018] FCA 1862 Appeal from: AAG17 v Minister for Immigration [2018] FCCA 1696

File number: NSD 1243 of 2018

Judge: ALLSOP CJ

Date of judgment: 26 November 2018

Catchwords: MIGRATION – application for protection visa – where first application for protection visa refused – where second application for protection visa made in circumstances where appellant had not left migration zone – whether appellant denied procedural fairness due to matter not being referred to Minister personally but instead assessed according to Minister's guidelines – no failure to accord procedural fairness – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 48A, 48A(1C), 48A(2), 48B

Cases cited: AZABF v Minister for Immigration and Border Protection [2015] FCAFC 174; [2015] 235 FCR 150 Plaintiff S122/2018 v Minister for Home Affairs [2018] HCATrans 209 SZGIZ v Minister for Immigration and Citizenship [2013] FCAFC 71, 212 FCR 235

Date of hearing: 26 November 2018

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 25

Counsel for the Appellant: The appellant appeared in person with the assistance of an interpreter

Solicitor for the Respondent: K Morris of Clayton Utz

ORDERS NSD 1243 of 2018

BETWEEN: AAG17 Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION Respondent

JUDGE: ALLSOP CJ DATE OF ORDER: 26 NOVEMBER 2018