FEO17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1415

Federal Court of Australia

FEO17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1415 Appeal from: FEO17 v Minister for Immigration [2020] FCCA 648

File number(s): NSD 303 of 2020

Judgment of: RARES J

Date of judgment: 11 November 2022

Catchwords: MIGRATION – Held: appeal dismissed

Legislation: Migration Act 1958 (Cth) s 36(2)(a), (aa)

Cases cited: Corporation of the City of Enfield v Development Assessment Commission (2000) 199 CLR 135 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259

Division: General Division

Registry: New South Wales

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 33

Date of hearing: 11 November 2022

Counsel for the Appellant: Mr G Foster

Solicitor for the Appellant: Sentil Solicitor

Counsel for the First Respondent: Mr G Johnson

Solicitor for the First Respondent: Australian Government Solicitor

ORDERS NSD 303 of 2020

BETWEEN: FEO17 Appellant

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

IMMIGRATION ASSESSMENT AUTHORITY Second Respondent

order made by: RARES J DATE OF ORDER: 11 NOVEMBER 2022

THE COURT ORDERS THAT:

1. The appeal be dismissed with 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 of Australia refusing the appellant constitutional writ relief against the decision of the Immigration Assessment Authority made on 20 November 2017 that affirmed the decision of a delegate of the Minister made on 26 April 2017 to refuse the appellant's application for a safe haven enterprise visa: FEO17 v Minister of Immigration [2020] FCCA 648.