DOB18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1748

FEDERAL COURT OF AUSTRALIA

DOB18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1748 File number: NSD 1616 of 2019

Judge: STEWART J

Date of judgment: 23 October 2019

Date of publication of reasons: 24 October 2019

Catchwords: MIGRATION – Consent orders quashing Minister's decision to cancel Applicant's visa – Orders made – Reasons

Legislation: Federal Court of Australia Act 1976 (Cth) s 20(1A)

Cases cited: DOB18 v Ng in his capacity as a Registrar of the Federal Court of Australia [2019] FCA 1575 Ibrahim v Minister for Home Affairs [2019] FCAFC 89 Nguyen v Minister for Home Affairs [2019] FCAFC 128

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 8

Counsel for the Applicant: A M Hochroth (Pro Bono)

Solicitor for the Respondent: Australian Government Solicitor

ORDERS NSD 1616 of 2019

BETWEEN: DOB18 Applicant

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

JUDGE: STEWART J DATE OF ORDER: 23 OCTOBER 2019

THE COURT ORDERS THAT:

1. The application for an extension of time filed on 30 September 2019 be granted. 2. The filing fee for the substantive proceeding be dispensed with. 3. A writ of certiorari is issued quashing the decision of the respondent made on 15 February 2018 to cancel the applicant's Class CD Subclass 851 Resolution of Status visa. 4. There be no order as to costs. 5. The case management hearing listed for 24 October 2019 at 9:30am is vacated. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.