Federal Court of Australia
Federal Court of Australia
Chen v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1028 Appeal from: Chen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FedCFamC2G 244
File number: QUD 95 of 2023
Judgment of: LOGAN J
Date of judgment: 11 August 2023
Legislation: Federal Court of Australia Act 1976 (Cth) s 25
Cases cited: PYDZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2022) 289 FCR 304 SZRUR v Minister for Immigration and Border Protection (2013) 216 FCR 445
Division: General Division
Registry: Queensland
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 6
Date of hearing: Heard on the papers by reference to a filed consent order
Date of last submissions: 10 August 2023
Counsel for the Appellant: Mr L Amerena
Solicitor for the Appellant: Stephens & Tozer Solicitors
Solicitor for the First Respondent: Minter Ellison
Solicitor for the Second Respondent: The second respondent filed a submitting notice
ORDERS QUD 95 of 2023
BETWEEN: MIN CHEN Appellant
AND: MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
order made by: LOGAN J DATE OF ORDER: 11 AUGUST 2023
THE COURT ORDERS BY CONSENT THAT: 1. The name of the first respondent be amended to the Minister for Immigration, Citizenship and Multicultural Affairs. 2. The appeal be allowed. 3. The orders of the Federal Circuit and Family Court of Australia (Division 2) (court below) made on 20 February 2023 be set aside. 4. The application to the court below be remitted to that court differently constituted for rehearing and redetermination according to law. 5. The first respondent pay the appellant's costs of the appeal, to be assessed or agreed. 6. Costs in the application in the court below be costs in the cause of the remitted proceeding. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate