BCC18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 493

Federal Court of Australia

BCC18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 493 Appeal from: BCC18 v Minister for Home Affairs & Anor [2020] FCCA 310

File number: NSD 317 of 2020

Judgment of: BEACH J

Date of judgment: 11 May 2021

Catchwords: MIGRATION – appeal from Federal Circuit Court – no jurisdictional error by Authority – appeal dismissed

Legislation: Migration Act 1958 (Cth) s 473DC

Cases cited: ABT17 v Minister for Immigration and Border Protection (2020) 383 ALR 407

Division: General Division

Registry: New South Wales

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 31

Date of hearing: 7 May 2021

Counsel for the Appellant: The Appellant appeared via video with the assistance of an interpreter

Counsel for the First Respondent: Ms R Graycar

Solicitor for the First Respondent: Australian Government Solicitor

Counsel for the Second Respondent: The Second Respondent did not appear

ORDERS NSD 317 of 2020

BETWEEN: BCC18 Appellant

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

IMMIGRATION ASSESSMENT AUTHORITY Second Respondent

order made by: BEACH J DATE OF ORDER: 11 MAY 2021

THE COURT ORDERS THAT:

1. The Immigration Assessment Authority be joined as a respondent. 2. The necessary extension of time be granted within which to appeal the decision of the Federal Circuit Court. 3. The appeal be dismissed. 4. The appellant pay the first respondent's costs of and incidental to the appeal. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.