Federal Court of Australia
Federal Court of Australia
Giri v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1046 Appeal from: Giri v Minister for Home Affairs & Anor [2020] FCCA 2423
File number(s): QUD 265 of 2020
Judgment of: GREENWOOD J
Date of judgment: 31 August 2021
Catchwords: MIGRATION – consideration of an application for leave to appeal – consideration of the grounds of appeal
Legislation: Federal Court of Australia Act 1976 (Cth)), s 24 Migration Act 1958 (Cth), ss 31, 359AA, 476 Migration Regulations 1994 (Cth), Regs 2.01, Schedule 1, cl 1222, Schedule 2, cl 500
Cases cited: Re Refugee Review Tribunal; Ex Parte AALA (2000) 204 CLR 82
Division: General Division
Registry: Queensland
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 47
Date of hearing: 19 August 2021
Counsel for the Appellant: The appellant appeared in person
Solicitor for the First Respondent: Sparke Helmore Lawyers
ORDERS QUD 265 of 2020
BETWEEN: KISHOR GIRI Appellant
AND: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
order made by: GREENWOOD J DATE OF ORDER: 31 AUGUST 2021
THE COURT ORDERS THAT:
1. The application for leave to appeal made by the appellant on the hearing of the appeal on 19 August 2021 is granted. 2. The appeal is dismissed. 3. The appellant pay the costs of the first respondent of and incidental to the appeal. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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