ABW17 v Minister for Immigration and Border Protection [2021] FCA 596

Federal Court of Australia

ABW17 v Minister for Immigration and Border Protection [2021] FCA 596 Appeal from: ABW17 v Minister for Immigration and Anor [2019] FCCA 864

File number: VID 379 of 2019

Judgment of: BROMBERG J

Date of judgment: 31 May 2021

Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia – whether the Federal Circuit Court of Australia erred in failing to find jurisdictional error in the decision of the Administrative Appeals Tribunal (Tribunal) – whether the Tribunal failed to give genuine, proper and realistic consideration to an integer of claim – whether the Tribunal erred in applying s 5J(3) of the Migration Act 1958 (Cth) – appeal dismissed

Legislation: Migration Act 1958 (Cth) s 5J(3)

Division: General Division

Registry: Victoria

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 14

Date of hearing: 31 May 2021

Counsel for the Appellant: Ms J Zhou

Solicitor for the Appellant: Vstar Lawyers and Consultants

Solicitor for the First Respondent: Mr A Cunynghame of Sparke Helmore Lawyers

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

ORDERS VID 379 of 2019

BETWEEN: ABW17 Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

order made by: BROMBERG J DATE OF ORDER: 31 May 2021

THE COURT ORDERS THAT:

1. The appeal is dismissed. 2. The Appellant pay the First Respondent's costs of the appeal as agreed or as assessed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.