ENR18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1573

FEDERAL COURT OF AUSTRALIA

ENR18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1573 Appeal from: ENR18 v Minister for Home Affairs & Anor [2019] FCCA 1059

File number: QUD 252 of 2019

Judge: RANGIAH J

Date of judgment: 16 September 2019

Catchwords: MIGRATION – appeal against judgment of Federal Circuit Court – application for protection visa – appellant raises claims not made before Tribunal – no jurisdictional error – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 36(2)(a) and (aa)

Cases cited: NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1

Date of hearing: 16 September 2019

Registry: Queensland

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 14

Counsel for the Appellant: The Appellant did not appear

Solicitor for the First Respondent: Ms E Tattersall of Sparke Helmore Lawyers

Counsel for the Second Respondent: The Second Respondent filed a submitting notice

ORDERS QUD 252 of 2019

BETWEEN: ENR18 Appellant

AND: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: RANGIAH J DATE OF ORDER: 16 SEPTEMBER 2019

THE COURT ORDERS THAT:

1. The name of the first respondent be amended to the Minister for Immigration Citizenship, Migrant Services and Multicultural Affairs. 2. The appeal be dismissed. 3. The appellant pay the first respondent's costs of the appeal. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.