BQQ16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 427

Federal Court of Australia

BQQ16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 427 Appeal from: BQQ16 v Minister for Immigration & Anor [2019] FCCA 1829

File number: VID 864 of 2019

Judgment of: BEACH J

Date of judgment: 27 April 2021

Catchwords: MIGRATION – appeal from Federal Circuit Court – application for protection visa – asserted jurisdictional error – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 420, 425

Division: General Division

Registry: Victoria

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 55

Date of hearing: 16 April 2021

Counsel for the Appellant: The Appellant appeared via video with the assistance of an interpreter

Counsel for the First Respondent: Mr C McDermott

Solicitor for the First Respondent: Australian Government Solicitor

Counsel for the Second Respondent: The Second Respondent filed a submitting notice save as to costs

ORDERS VID 864 of 2019

BETWEEN: BQQ16 Appellant

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

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

order made by: BEACH J DATE OF ORDER: 27 APRIL 2021

THE COURT ORDERS THAT:

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