ENT19 v Minister for Home Affairs [2022] FCA 694

Federal Court of Australia

ENT19 v Minister for Home Affairs [2022] FCA 694 File number(s): NSD 1272 of 2020

Judgment of: RAPER J

Date of judgment: 15 June 2022

Catchwords: MIGRATION – interlocutory application seeking a writ of peremptory mandamus or an order in the nature of mandamus directing the Minister to grant the visa – where the Minister had not been satisfied that the grant of the visa was in the national interest under cl 790.227 of the Migration Regulations 1994 (Cth) – where the Full Court issued a writ of mandamus requiring the Minister to determine the appellant's application for a visa according to law – where the appellant alleged there had been unreasonable delay on the Minister's part in complying with the Court's order – whether the Court should make supplemental orders in the form sought – application allowed

Legislation: Acts Interpretation Act 1901 (Cth) s 19 Federal Court of Australia Act 1976 (Cth) s 38(2) Migration Act 1958 (Cth) s 5AA, s 5H(1), s 36(2)(a), s 46A, s 65, s 66(2), s 233C, s 501(1), s 501(3) Federal Court Rules 1979 (Cth) O 54A, r 17 Federal Court Rules 2011 (Cth) High Court Rules 2004 (Cth) r 25.13.4 Migration Regulations 1994 (Cth) cl 790.227 Federal Court of Australia Rules (Amendment) 1988 No. 54 (Cth) Select Legislative Instrument 1988 No. 54 (Cth) Explanatory Statement

Cases cited: Applicant S422 of 2022 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 89; 138 FCR 151 AQM18 v Minister for Immigration and Border Protection [2019] FCAFC 27; 268 FCR 424 ASP15 v Commonwealth [2016] FCAFC 145; 248 FCR 372 BAL19 v Minister for Home Affairs [2019] FCA 2189 Thornton v Repatriation Commission (1981) 52 FLR 285; 35 ALR 485 BFW20 by his Litigation Representative BFW20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 562 BHL19 v Commonwealth of Australia (No 2) [2022] FCA 313 Davis v Military Rehabilitation and Compensation Commission [2021] FCA 1446 DFE16 v Minister for Home Affairs [2021] FCA 1151 ENT19 v Minister for Home Affairs [2020] FCCA 2653 ENT19 v Minister for Home Affairs [2021] FCAFC 217 EPU19 v Minister for Home Affairs [2020] FCA 541 EVX20 v Minister of Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1079 FAK19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCA 1571 KDSP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 108; 279 FCR 1 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v BFW20 By His Litigation Representative BFW20A [2020] FCA 615 Plaintiff S297/2013 (No 1) [2014] HCA 24; 255 CLR 179 Plaintiff S297/2013 v Minister for Immigration and Border Protection (No 2) [2015] HCA 3; 255 CLR 231 Sebastian v State of Western Australia [2008] FCA 926