AIN19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 866

Federal Court of Australia

AIN19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 866 Appeal from: AIN19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (SYG186/2019, Orders dated 3 September 2019)

File number: NSD 1514 of 2019

Judgment of: NICHOLAS J

Date of judgment: 15 July 2022

Legislation: Federal Court of Australia Act 1976 (Cth) s 27 Federal Court Rules 2011 (Cth) r 36.57 Migration Act 1958 (Cth) s 36

Cases cited: Northern Land Council v Quall (No 3) [2021] FCAFC 2

Division: General Division

Registry: New South Wales

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 30

Date of hearing: 15 July 2022

Solicitor for the Appellant: Mr S Parashar of SAM Lawyers

Counsel for the First Respondent: Ms C Ernst

Solicitor for the First Respondent: Sparke Helmore

Counsel for the Second Respondent: The second respondent submitted save as to costs

ORDERS NSD 1514 of 2019

BETWEEN: AIN19 Appellant

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

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

order made by: NICHOLAS J DATE OF ORDER: 15 July 2022

THE COURT ORDERS THAT:

1. The appellant's interlocutory application, dated 13 July of 2022, be dismissed. 2. The appeal be dismissed. 3. The appellant pay the first respondent's costs of the appeal, including the interlocutory application. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.