Williams v Minister for Immigration and Citizenship [2013] FCA 702

FEDERAL COURT OF AUSTRALIA

Williams v Minister for Immigration and Citizenship [2013] FCA 702 Citation: Williams v Minister for Immigration and Citizenship [2013] FCA 702

Appeal from: Williams v Minister for Immigration and Citizenship [2013] AATA 16

Parties: MAROUNA WILLIAMS v MINISTER FOR IMMIGRATION AND CITIZENSHIP and ADMINISTRATIVE APPEALS TRIBUNAL

File number: VID 85 of 2013

Judge: NORTH J

Date of judgment: 19 July 2013

Legislation: Migration Act 1958 (Cth); ss 476A, 499, 501

Date of hearing: 14 June 2013

Place: Melbourne

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 60

Counsel for the Applicant: G Hughan

Solicitor for the Applicant: Carina Ford Immigration Lawyers

Counsel for the First Respondent: R Knowles

Solicitor for the First Respondent: Australian Government Solicitor

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 85 of 2013

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: MAROUNA WILLIAMS

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

JUDGE: NORTH J DATE OF ORDER: 19 JUly 2013 WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. A writ of certiorari issue to the second respondent quashing its decision dated 16 January 2013. 2. A writ of mandamus issue to the second respondent requiring it to consider and determine the applicant's application according to law. 3. The first respondent pay the applicant's costs of and incidental to this application. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.