FGY17 v Minister for Home Affairs [2019] FCA 417

FEDERAL COURT OF AUSTRALIA

FGY17 v Minister for Home Affairs [2019] FCA 417 Appeal from: FGY17 v Minister for Immigration & Anor [2018] FCCA 2810

File number: NSD 1868 of 2018

Judge: O'CALLAGHAN J

Date of judgment: 29 March 2019

Catchwords: MIGRATION – appeal from decision refusing judicial review of IAA's decision – appeal dismissed

Legislation: Migration Act 1958 (Cth)

Cases cited: Minister for Immigration v SZRKT (2012) 212 FCR 99

Date of hearing: 14 February 2019

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 46

Counsel for the Appellant: Mr L Karp

Solicitor for the Appellant: Mr S Hodges

Solicitor for the Respondents: Mr K Eskerie

ORDERS NSD 1868 of 2018

BETWEEN: FGY17 Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

IMMIGRATION ASSESSMENT AUTHORITY Second Respondent

JUDGE: O'CALLAGHAN J DATE OF ORDER: 29 March 2019

THE COURT ORDERS THAT:

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

REASONS FOR JUDGMENT

O'CALLAGHAN J: 1 This is an appeal from the judgment and orders of a judge of the Federal Circuit Court of Australia (the Federal Circuit Court) made on 27 September 2018. The primary judge ordered that the application for judicial review of a decision of the second respondent (the IAA) be dismissed with costs.