DPS17 v Minister for Home Affairs [2019] FCA 754

FEDERAL COURT OF AUSTRALIA

DPS17 v Minister for Home Affairs [2019] FCA 754 Appeal from: DPS17 v Minister for Immigration & Anor [2018] FCCA 3455

File number: NSD 2126 of 2018

Judge: YATES J

Date of judgment: 27 May 2019

Catchwords: MIGRATION – appeal from judgment of Federal Circuit Court – no error demonstrated – appeal dismissed

Legislation: Migration Act 1958 (Cth), s 5J

Date of hearing: 20 May 2019

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 29

Counsel for the Appellant: Mr D Godwin

Solicitor for the First Respondent: Mr A Keevers of Sparke Helmore

ORDERS NSD 2126 of 2018

BETWEEN: DPS17 Appellant

AND: MINISTER FOR HOME AFFAIRS First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: YATES J DATE OF ORDER: 27 MAY 2019

THE COURT ORDERS THAT:

1. Leave to file a further amended notice of appeal be refused. 2. The appeal be dismissed. 3. The appellant pay the first respondent's costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

YATES J:

Introduction 1 This is an appeal from a judgment of the Federal Circuit Court of Australia (the Federal Circuit Court) given on 29 October 2018, which dismissed the appellant's application for judicial review of a decision of the second respondent, the Administrative Appeals Tribunal (the Tribunal). By its decision, the Tribunal affirmed a decision of a delegate of the first respondent, the Minister for Immigration and Border Protection (now the Minister for Home Affairs) (the Minister) not to grant the appellant a protection visa.