DDG16 v Minister for Immigration and Border Protection [2018] FCA 1874

FEDERAL COURT OF AUSTRALIA

DDG16 v Minister for Immigration and Border Protection [2018] FCA 1874 Appeal from: DDG16 v Minister for Immigration & Anor [2018] FCCA 1160

File number: VID 185 of 2018

Judge: MOSHINSKY J

Date of judgment: 28 November 2018

Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia – protection visa – where Tribunal made adverse credibility findings against the appellant – whether findings were open to the Tribunal – appeal dismissed

Legislation: Migration Act 1958 (Cth), s 36

Cases cited: Minister for Immigration and Citizenship v SZIAI (2009) 259 ALR 429

Date of hearing: 13 August 2018

Registry: Victoria

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 23

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

Counsel for the First Respondent: Ms NJ Campbell

Solicitor for the First Respondent: Sparke Helmore Lawyers

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

ORDERS VID 185 of 2018

BETWEEN: DDG16 Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: MOSHINSKY J DATE OF ORDER: 28 NOVEMBER 2018

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the first respondent's costs, to be fixed by way of a lump sum. 3. Within 14 days, the parties file any agreed proposed minute of orders fixing a lump sum in relation to the first respondent's costs. 4. In the absence of any agreement pursuant to paragraph 3 of these orders, within 21 days the first respondent file and serve an affidavit constituting a Costs Summary in accordance with paragraphs 4.10 to 4.12 of the Court's Costs Practice Note (GPN-COSTS). 5. Within a further 14 days, the appellant file and serve any Costs Response in accordance with paragraphs 4.13 to 4.14 of the Costs Practice Note (GPN-COSTS). 6. In the absence of any agreement having been reached within a further 14 days, the matter of an appropriate lump sum figure for the first respondent's costs be referred to a Registrar for determination. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.