Heenatigala v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 346

Federal Court of Australia

Heenatigala v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 346 Appeal from: Heenatigala & Anor v Minister for Immigration & Anor [2020] FCCA 1055

File number: VID 362 of 2020

Judgment of: O'BRYAN J

Date of judgment: 5 April 2022

Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – no appearance by the appellants – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 65, 476 Federal Court Rules 2011 (Cth) r 36.75 Migration Regulations 1994 (Cth) Sch 2, cl 187.233

Cases cited: Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476

Division: General Division

Registry: Victoria

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 22

Date of hearing: 5 April 2022

Counsel for the Appellants: The Appellants did not appear

Solicitor for the First Respondent: S Roeger of Australian Government Solicitor

ORDERS VID 362 of 2020

BETWEEN: PUBUDUNI NIROSHIMA HEENATIGALA First Appellant

RAVISAD MALINDA WALPOLA KANKANAMALAGE Second Appellant

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

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

order made by: O'BRYAN J DATE OF ORDER: 5 April 2022

THE COURT ORDERS THAT:

1. The appeal be dismissed pursuant to r 36.75 of the Federal Court Rules 2011 (Cth). 2. The appellants pay the first respondent's costs of the appeal. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.