X v Minister for Immigration & Multicultural Affairs [2000] FCA 704

FEDERAL COURT OF AUSTRALIA

"X" v Minister for Immigration & Multicultural Affairs [2000] FCA 704

MIGRATION – guardianship of non-citizen children – whether Minister for Immigration and Multicultural Affairs or his delegate liable for living expenses of children under guardianship. Immigration (Guardianship of Children) Act 1946 (Cth), s 6 Judiciary Act 1903(Cth), s 39B Migration Regulations 1994 (Cth), r 2.20, sch 2 "X" v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS and SECRETARY OF THE DEPARTMENT OF HUMAN SERVICES FOR THE STATE OF VICTORIA VG 450 OF 1998 "Y" v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS and SECRETARY OF THE DEPARTMENT OF HUMAN SERVICES FOR THE STATE OF VICTORIA VG 451 OF 1998 NORTH J 29 MAY 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 450 OF 1998

BETWEEN: "X"

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

FIRST RESPONDENT

SECRETARY OF THE DEPARTMENT OF HUMAN SERVICES FOR THE STATE OF VICTORIA

SECOND RESPONDENT

VG 451 OF 1998 BETWEEN: "Y"

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

FIRST RESPONDENT

SECRETARY OF THE DEPARTMENT OF HUMAN SERVICES FOR THE STATE OF VICTORIA

SECOND RESPONDENT

JUDGE: NORTH J

DATE OF ORDER: 29 MAY 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The applications are dismissed. 2. There be no order as to costs. 3. Liberty to the respondents, or either of them, to apply to set aside or vary par 2 of these orders insofar as it applies to the costs of the applications other than the costs of the hearing on 16 November 1999. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.