CAO16 v Minister for Home Affairs [2019] FCA 920

FEDERAL COURT OF AUSTRALIA

CAO16 v Minister for Home Affairs [2019] FCA 920 Appeal from: CAO16 v Minister for Immigration & Anor [2018] FCCA 2387

File number: VID 1194 of 2018

Judge: REEVES J

Date of judgment: 14 June 2019

Catchwords: MIGRATION – appeal from a judgment of the Federal Circuit Court of Australia – where the primary judge dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal – where the appellant had been refused a protection (class XA) visa – appeal dismissed

Legislation: Migration Act 1958 (Cth)

Cases cited: CAO16 v Minister for Immigration & Anor [2018] FCCA 2387

Date of hearing: 19 February 2019

Registry: Victoria

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 43

Counsel for the Appellant: The Appellant appeared in person with the assistance of an interpreter

Counsel for the First Respondent: Mr JWG Grant

Solicitor for the First Respondent: Australian Government Solicitor

Counsel for the Second Respondent: The Second Respondent filed a Submitting Notice

ORDERS VID 1194 of 2018

BETWEEN: CAO16 Appellant

AND: MINISTER FOR HOME AFFAIRS First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: REEVES J DATE OF ORDER: 14 JUNE 2019

THE COURT ORDERS THAT:

1. The notice of appeal filed on 20 September 2018 is dismissed. 2. The appellant pay the first respondent's costs to be taxed failing agreement. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.