Cortes v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1136

Federal Court of Australia

Cortes v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1136 Review of: Cortes and Minister for Immigration, Citizenship and Multicultural Affairs [2023] AATA 284

File number: WAD 68 of 2023

Judgment of: COLVIN J

Date of judgment: 22 September 2023

Legislation: Migration Act 1958 (Cth) s 501CA

Cases cited: Pihama v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 678 VNPC v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 921

Division: General Division

Registry: Western Australia

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 8

Date of hearing: Determined on the papers

Counsel for the Applicant: Dr J Donnelly

Solicitor for the Applicant: Zarifi Lawyers

Counsel for the First Respondent: Ms E Tattersall

Solicitor for the First Respondent: Sparke Helmore Lawyers

Counsel for the Second Respondent: The second respondent filed a submitting notice save as to costs

ORDERS WAD 68 of 2023

BETWEEN: GILBERTO CORTES Applicant

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

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

order made by: COLVIN J DATE OF ORDER: 22 september 2023

BY CONSENT THE COURT ORDERS THAT:

1. A writ of certiorari issue directed to the Administrative Appeals Tribunal quashing the decision of the Administrative Appeals Tribunal dated 16 February 2023. 2. A writ of mandamus issue directed to the Administrative Appeals Tribunal requiring it to determine the application made to it for review of the decision of a delegate of the first respondent dated 24 November 2022 according to law. 3. The first respondent pay the applicant's costs, as agreed or assessed. Note: Entry of orders is dealt with in Rule 39. 32 of the Federal Court Rules 2011.