Mohamed v Minister for Immigration and Border Protection [2020] FCA 158

FEDERAL COURT OF AUSTRALIA

Mohamed v Minister for Immigration and Border Protection [2020] FCA 158 Appeal from: Mohamed v Minister for Immigration & Anor [2019] FCCA 2441

File number: NSD 1441 of 2019

Judge: WIGNEY J

Date of judgment: 20 February 2020

Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court of Australia – where primary judge dismissed judicial review application of decision by Administrative Appeals Tribunal – where Administrative Appeals Tribunal held there were no compelling reasons for not applying the relevant visa criteria – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 357A, 360, 361

Cases cited: Abebe v Commonwealth (1999) 197 CLR 510; HCA 14

Date of hearing: 14 February 2020

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 30

Counsel for the Appellant: The Appellant appeared in person

Counsel for the Respondents: Mr G Johnson

Solicitor for the Respondents: Mills Oakley

ORDERS NSD 1441 of 2019

BETWEEN: MOUSTAFA MOHAMED GHOUNEIMI MOHAMED Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: WIGNEY J DATE OF ORDER: 20 FEBRUARY 2020

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the first respondent's costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

WIGNEY J: 1 In February 2016, a delegate of the Minister for Immigration and Border Protection refused an application made by the appellant, Mr Moustafa Mohamed, for a partner visa. Mr Mohamed applied to the Administrative Appeals Tribunal for a review of that decision. That application was refused, though Mr Mohamed successfully challenged that decision in judicial review proceedings in the Federal Circuit Court of Australia. Upon remittal, a differently constituted Tribunal again affirmed the delegate's decision to refuse Mr Mohamed's visa application. Mr Mohamed again challenged the Tribunal's decision in the Circuit Court. This time, however, he was unsuccessful. Mr Mohamed filed an appeal in this Court against the Circuit Court's dismissal of his application. 2 For the reasons that follow, Mr Mohamed's appeal has no merit and must be dismissed.