EHT17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 309

FEDERAL COURT OF AUSTRALIA

EHT17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 309 Appeal from: EHT17 v Minister for Immigration and Border Protection [2019] FCCA 2617

File number: NSD 1566 of 2019

Judge: RARES J

Date of judgment: 25 February 2020

Legislation: Evidence Act 1995 (Cth) s 136 Migration Act 1958 (Cth) ss 91M, 91N, 91P, 91Q,

Cases cited: Lee v Lee (2019) 372 ALR 383 Minister for Immigration v SZSSJ (2016) 259 CLR 180 Re Canavan (2017) 263 CLR 284 SZOAU v Minister for Immigration and Citizenship (2012) 199 FCR 448

Date of hearing: 25 February 2020

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No Catchwords

Number of paragraphs: 28

Counsel for the Appellant: The appellant was self-represented via an interpreter

Counsel for the Respondent: Mr DA Hughes

Solicitor for the Respondent: Clayton Utz

ORDERS NSD 1566 of 2019

BETWEEN: EHT17 Appellant

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

JUDGE: RARES J DATE OF ORDER: 25 february 2020

THE COURT ORDERS THAT:

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

REASONS FOR JUDGMENT

(REVISED FROM THE TRANSCRIPT)

RARES J: 1 This is an appeal from the decision of the Federal Circuit Court refusing the appellant Constitutional writ relief against the decision of the Minister's delegate made on 7 September 2017 to reject as invalid the appellant's application for a protection (subclause 866) visa: EHT17 v Minister for Immigration and Border Protection [2019] FCCA 2617.