Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ANY16 v Minister for Home Affairs [2019] FCA 265 Appeal from: ANY16 v Minister for Immigration & Anor [2018] FCCA 2588
File number: NSD 1814 of 2018
Judge: THAWLEY J
Date of judgment: 22 February 2019
Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia – where Federal Circuit Court dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal – whether the Tribunal proceeded on the basis that a guarantor would be necessarily required for the appellant to be released from detention once detained on return to Sri Lanka after departing illegally – whether legal unreasonableness – whether the Federal Circuit Court erred in not addressing an asserted failure to comply with s 425 of the Migration Act 1958 (Cth)
Legislation: Migration Act 1958 (Cth) s 425
Date of hearing: 22 February 2019
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 30
Counsel for the Appellant: Mr G Foster
Solicitor for the Appellant: Sentil Solicitor & Barrister
Solicitor for the Respondents: Mr A Keevers of Sparke Helmore
ORDERS NSD 1814 of 2018
BETWEEN: ANY16 Appellant
AND: MINISTER FOR HOME AFFAIRS First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
JUDGE: THAWLEY J DATE OF ORDER: 22 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.
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