BNO19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 888

Federal Court of Australia

BNO19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 888 Appeal from: BNP19 as Litigation Guardian for BNO19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (SYG922/2019, Orders dated 17 October 2019)

File number: NSD 1800 of 2019

Judgment of: NICHOLAS J

Date of judgment: 28 July 2022

Legislation: Migration Act 1958 (Cth) s 36

Division: General Division

Registry: New South Wales

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 26

Date of hearing: 28 July 2022

Counsel for the Appellant: The appellant appeared in person with the assistance of an interpreter

Solicitor for the First Respondent: Mr A Taverniti of Sparke Helmore

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

ORDERS NSD 1800 of 2019

BETWEEN: BNO19 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: 28 july 2022

THE COURT ORDERS THAT:

1. The appellant's mother identified as BNP19 in the Notice of Appeal from the Federal Circuit Court of Australia filed on 4 November 2019 be appointed the appellant's litigation guardian, which appointment is deemed to take effect from when the Notice of Appeal was filed. 2. The name of the first respondent be changed to Minister for Immigration, Citizenship and Multicultural Affairs. 3. The appeal be dismissed. 4. The appellant's litigation guardian (BNP19) pay the first respondent's costs of the appeal fixed in the amount of $4,000. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.