AGI18 v Minister for Home Affairs [2019] FCA 119

FEDERAL COURT OF AUSTRALIA

AGI18 v Minister for Home Affairs [2019] FCA 119 Appeal from: AGI18 v Minister for Home Affairs & Anor [2018] FCCA 1836

File number: NSD 1313 of 2018

Judge: ROBERTSON J

Date of judgment: 13 February 2019

Legislation: Migration Act 1958 (Cth)

Cases cited: ANC18 v Minister for Home Affairs [2018] FCA 1878 FQH17 v Minister for Immigration & Anor [2018] FCA 1771

Date of hearing: 13 February 2019

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No Catchwords

Number of paragraphs: 28

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

Solicitor for the First Respondent: Ms C Saunders of DLA Piper Australia

Counsel for the Second Respondent: The second respondent submitted to any order of the Court, save as to costs

ORDERS NSD 1313 of 2018

BETWEEN: AGI18 Appellant

AND: MINISTER FOR HOME AFFAIRS First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: ROBERTSON J DATE OF ORDER: 13 FEBRUARY 2019

THE COURT ORDERS THAT:

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

REASONS FOR JUDGMENT

ROBERTSON J:

Introduction 1 The appellant was found by the Administrative Appeals Tribunal to be a citizen of Nepal. By its decision dated 22 December 2017, the Tribunal affirmed the decision not to grant the appellant a protection visa. 2 The appellant arrived in Australia on 15 July 2008 as the holder of a student (subclass 572) visa valid until 20 September 2010. He was subsequently granted a student (subclass 573) visa. His application for a further student (subclass 573) visa was refused on 5 June 2013. His most recent visa was a bridging visa granted on 13 May 2015. The appellant then applied for a protection visa.