Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AEQ18 v Minister for Home Affairs [2019] FCA 771 Appeal from: AEQ18 v Minister for Home Affairs & Anor [2018] FCCA 3475
File number: NSD 2303 of 2018
Judge: LEE J
Date of judgment: 14 May 2019
Catchwords: MIGRATION – application for leave to appeal interlocutory orders of the Federal Circuit Court dismissing an application to show cause – protection visa – where primary judge found the Immigration Assessment Authority (Authority) did not fall into error by rejecting new information submitted by the applicant – Sri Lanka – LTTE – leave granted – application dismissed
Legislation: Federal Circuit Court Rules 2001 (Cth) rr 44.12(1)(a), 44.12(2) Federal Court of Australia Act 1976 (Cth) s 24(1A) Migration Act 1958 (Cth) ss 473CA, 473DD(a), 473DD(b)
Cases cited: AEQ18 v Minister for Home Affairs & Anor [2018] FCCA 3475
Date of hearing: 14 May 2019
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category Catchwords
Number of Paragraphs 18
Counsel for the Applicant: The applicant appeared in person
Counsel for the First Respondent: Ms A Wong
Solicitor for the First Respondent: Mills Oakley
Solicitor for the Second Respondent: The Second Respondent entered a submitting notice save as to costs.
ORDERS NSD 2303 of 2018 BETWEEN: AEQ18 Applicant AND: MINISTER FOR HOME AFFAIRS First Respondent
IMMIGRATION ASSESSMENT AUTHORITY Second Respondent
JUDGE: LEE J DATE OF ORDER: 14 MAY 2019
THE COURT ORDERS THAT:
1. The application for leave to appeal be granted. 2. The appeal be dismissed with costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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