DQQ17 v Minister for Immigration and Border Protection

[2018] FCA 784

FEDERAL COURT OF AUSTRALIA

DQQ17 v Minister for Immigration and Border Protection [2018] FCA 784

Appeal from:

DQQ17 v Minister for Immigration and Border Protection [2017] FCCA 3207

File number:

WAD 15 of 2018

Judge:

COLVIN J

Date of judgment:

31 May 2018

Catchwords:

MIGRATION - whether appeal ground should be dismissed due to lack of particulars - whether matters raised orally by appellant in person disclose error - appeal dismissed

Legislation:

Migration Act 1958 (Cth) s 476, Part 7AA, Division 3

Federal Court Rules 2011 (Cth) r 36.01(2)

Cases cited:

AZX16 v Minister for Immigration and Border Protection [2017] FCCA 2494

BCQ16 v Minister for Immigration and Border Protection [2018] FCA 365

CNN15 v Minister for Immigration and Border Protection [2017] FCA 579

CXK17 v Minister for Immigration and Border Protection [2018] FCCA 1041

Minister for Immigration and Citizenship v SZNPG [2010] FCAFC 51; (2010) 115 ALD 303

MZARG v Minister for Immigration and Border Protection [2018] FCA 624

SCAA v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 668

Sidhu v Minister for Immigration and Border Protection [2018] FCCA 1043

Singh v Minister for Immigration and Border Protection [2016] FCA 156

SZNOE v Minister for Immigration and Citizenship [2012] FCA 96

SZOIG v Minister for Immigration and Border Protection [2016] FCA 547

WZATH v Minister for Immigration and Border Protection [2014] FCA 969

WZATH v Minister for Immigration and Border Protection [2014] FCCA 612

WZAVW v Minister for Immigration and Border Protection [2016] FCA 760

Date of hearing:

8 May 2018

Registry:

Western Australia

Division:

General Division

National Practice Area:

Administrative and Constitutional Law and Human Rights

Category:

Catchwords

Number of paragraphs:

25

Counsel for the Appellant:

The Appellant appeared in person, assisted by an interpreter

Counsel for the First Respondent:

Ms EL Tattersall

Solicitor for the First Respondent:

Sparke Helmore Lawyers

Counsel for the Second Respondent:

The Second Respondent filed a submitting notice, save as to costs

ORDERS

WAD 15 of 2018

BETWEEN:

DQQ17

Appellant

AND:

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Respondent

IMMIGRATION ASSESSMENT AUTHORITY

Second Respondent

JUDGE:	COLVIN J
DATE OF ORDER:	31 MAY 2018

THE COURT ORDERS THAT:

1.The appeal be dismissed.

2.The appellant do pay the first respondent's costs to be assessed if not agreed.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

COLVIN J:

1. The appellant arrived on Cocos Island by boat in 2012.  He claimed to be from the Mannar District, Northern Province of Sri Lanka.  His application for a protection visa was refused by a delegate of the Minister on 24 November 2016.  On 17 July 2017, the Immigration Assessment Authority affirmed the decision not to grant the applicant a protection visa.  An application for judicial review to the Federal Circuit Court was dismissed.  The appellant now appeals to this Court.

2. The appellant appeared in person. He was assisted by an interpreter who speaks Tamil and English. In his notice of appeal his sole…