QJMV v Minister for Home Affairs (No 3) [2022] FCA 322

Federal Court of Australia

QJMV v Minister for Home Affairs (No 3) [2022] FCA 322 File number: VID 13 of 2021

Judgment of: ALLSOP CJ

Date of judgment: 4 April 2022

Catchwords: PRACTICE AND PROCEDURE – application to further amend to add a new respondent and challenge decisions made after the Full Court delivered judgment on a separate question rendering the balance of the application moot – application to amend refused and remainder of application dismissed..

Division: General Division

Registry: Victoria

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 10

Date of last submissions: 18 March 2022

Date of hearing: 3 June 2021

Counsel for the Applicant: Ms L De Ferrari SC

Solicitor for the Applicant: AUM Lawyers

Counsel for the Respondents: Mr B Lim

Solicitor for the Respondents: Spark Helmore Lawyers

ORDERS VID 13 of 2021

BETWEEN: QJMV Applicant

AND: MINISTER FOR HOME AFFAIRS First Respondent

COMMONWEALTH OF AUSTRALIA Second Respondent

order made by: ALLSOP CJ DATE OF ORDER: 4 April 2022

THE COURT ORDERS THAT:

1. In addition to the orders made by the Court on 10 November 2021: (a) On the basis of the substantive relief in orders 1 and 2 made on 10 November 2021, the absence of any necessary resolution of any other issue and the issues otherwise raised by the present application being moot, the application filed 11 January 2021 and amended on 23 March 2021 be otherwise dismissed. (b) The first respondent pay the costs of and incidental to the applicant's originating application up to the date of 10 November 2021 as agreed or assessed except for such costs otherwise covered by order 3 of the orders of the Court made on 10 November 2021. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.