Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AUM18 v Minister For Home Affairs [2019] FCA 820 Appeal from: AUM18 v Minister For Home Affairs & Anor [2018] FCCA 3328
File number: WAD 11 of 2019
Judge: MCKERRACHER J
Date of judgment: 4 June 2019
Catchwords: MIGRATION – appeal from the Federal Circuit Court – judicial review of a decision of the Immigration Assessment Authority – single unparticularised ground of review – impermissible merits review – findings open on the material – weighting of material a matter for the decision-maker
Legislation: Migration Act 1958 (Cth) s 473DC, Pt 7AA
Date of hearing: 27 May 2019
Registry: Western Australia
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 26
Counsel for the Appellant: The Appellant appeared in person with the assistance of an interpreter
Counsel for the First Respondent: Mr T Lettenmaier
Solicitor for the First Respondent: Sparke Helmore
Counsel for the Second Respondent: The Second Respondent submits to any order of the Court, save as to the question of costs
ORDERS WAD 11 of 2019
BETWEEN: AUM18 Appellant
AND: MINISTER FOR HOME AFFAIRS First Respondent
IMMIGRATION ASSESSMENT AUTHORITY Second Respondent
JUDGE: MCKERRACHER J DATE OF ORDER: 4 JUNE 2019
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the costs of the first respondent, to be assessed if not agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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