BYN18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 67

Federal Court of Australia

BYN18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 67 Appeal from: BYN18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 63

File number(s): NSD 1052 of 2021

Judgment of: LOGAN, SC DERRINGTON AND MCEVOY JJ

Date of judgment: 29 April 2022

Catchwords: MIGRATION – invalid notice of visa cancellation issued to appellant – Minister accepted notice invalid – parties promoted consent orders setting aside orders of Federal Circuit and Family Court of Australia (Division 2)

Legislation: Federal Court of Australia Act 1976 (Cth) s 24(1)(d) Migration Act 1958 (Cth) s 501(CA)(3)(b)

Cases cited: EPL20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 173; 395 ALR 36 Sillars v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 174; 394 ALR 347 Division: General Division

Registry: New South Wales

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 5

Solicitor for the Appellant: Turner Coulson Immigration Lawyers

Solicitor for the Respondents: Sparke Helmore

ORDERS NSD 1052 of 2021

BETWEEN: BYN18 Appellant

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

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2) Second Respondent

order made by: LOGAN, SC Derrington and McEvoy jj DATE OF ORDER: 29 APRIL 2022