Ye v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 73

Federal Court of Australia

Ye v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 73 Appeal from: Ye & Ors v Minister for Immigration and Anor [2020] FCCA 1093

File number: NSD 594 of 2022

Judgment of: NICHOLAS J

Date of judgment: 2 February 2023

Legislation: Migration Act 1958 (Cth) ss 338(7A) and 347(3A) Migration Regulations 1994 (Cth) Sch 2

Division: General Division

Registry: New South Wales

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 23

Date of hearing: 2 February 2023

Counsel for the Appellants: The first appellant appeared in person with the assistance of an interpreter and on behalf of the second and third appellants

Solicitor for the First Respondent: Ms E Warner Knight of Australian Government Solicitor

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

ORDERS NSD 594 of 2022

BETWEEN: GEMAO YE First Appellant

MEIQIN CHEN Second Appellant

BINGHONG YEN Third Appellant

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

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

order made by: NICHOLAS J DATE OF ORDER: 2 February 2023

THE COURT ORDERS THAT:

1. The name of the first respondent be amended to Minister for Immigration, Citizenship and Multicultural Affairs. 2. The appeal be dismissed. 3. The first and second appellants pay the first respondent's costs of the appeal as taxed or agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.