AFX17 v Minister for Home Affairs (No 2) [2020] FCA 858

FEDERAL COURT OF AUSTRALIA

AFX17 v Minister for Home Affairs (No 2) [2020] FCA 858 File number: NSD 550 of 2020

Judge: FLICK J

Date of judgment: 17 June 2020

Catchwords: PRACTICE AND PROCEDURE – Minister failing to comply with the law – necessity for an order to be made – prospect of finding of contempt MIGRATION – application for an order to be made within a specified time

Legislation: Migration Act 1958 (Cth) s 501A

Cases cited: AFX17 v Minister for Home Affairs [2020] FCA 807 BAL19 v Minister for Home Affairs [2019] FCA 2189

Date of hearing: 17 June 2020

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 10

Counsel for the Applicant: Ms M Yu

Solicitor for the Applicant: Human Rights for All

Counsel for the Respondents: Mr G Kennett SC with Mr G Johnson

Solicitor for the Respondents: Australian Government Solicitor

ORDERS NSD 550 of 2020

BETWEEN: AFX17 Applicant

AND: MINISTER FOR HOME AFFAIRS First Respondent

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

JUDGE: FLICK J DATE OF ORDER: 17 JUNE 2020

THE COURT ORDERS THAT:

1. On or before 4.00pm on 26 June 2020 the First Respondent is to make a decision in respect to the Applicant's application for a Safe Haven Enterprise (Class XE) visa made on or about 19 December 2016 on the basis that s 501A(2)(a) of the Migration Act 1958 (Cth) does not empower the refusal of the application. 2. The parties have liberty to apply on 24 hours' notice in writing. 3. The First Respondent is to pay the costs of the Applicant either as taxed or agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.