Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ATE16 v Minister for Home Affairs [2019] FCA 846 Appeal from: ATE16 v Minister for Immigration & Anor [2018] FCCA 3242
File number(s): VID 1535 of 2018
Judge(s): ANDERSON J
Date of judgment: 6 June 2019
Catchwords: MIGRATION – appeal from orders of the Federal Circuit Court of Australia (Circuit Court) dismissing application for judicial review of decision of Administrative Appeals Tribunal (Tribunal) not to grant protection visa – whether the Tribunal took into consideration the appellant's individual circumstances – whether Circuit Court erred in reinstating proceedings and determining merits of judicial review application in consolidated hearing and decision Held: appeal dismissed – Tribunal adequately addressed the appellant's individual circumstances – no procedural error by the Circuit Court
Legislation: Immigration and Emigration Act 1948 (Sri Lanka) Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa), 425 and 425A Federal Circuit Court Rules 2001 (Cth) r 13.03C(1)(c)
Cases cited: ATE16 v Minister for Immigration & Anor [2018] FCCA 3242
Date of hearing: 29 May 2019
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 64
Counsel for the Appellant: The Appellant appeared in person with the assistance of an interpreter
Solicitor for the First Respondent: Mr A Cunynghame of Sparke Helmore
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