Bandari v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1224

Federal Court of Australia

Bandari v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1224 Appeal from: Bandari v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 225

File number(s): VID 186 of 2022

Judgment of: BEACH J

Date of judgment: 13 October 2023

Catchwords: MIGRATION – appeal – no point of principle – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 359A, 359B, 363 Migration Regulations 1994 (Cth) sch 2 cl 186.223

Division: General Division

Registry: Victoria

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 30

Date of hearing: 13 October 2023

Counsel for the Appellants: The first appellant appeared for himself and on behalf of the second and third appellants.

Counsel for the First Respondent: Mr A Cunynghame

Solicitor for the First Respondent: Sparke Helmore

Solicitor for the Second Respondent: The second respondent filed a submitting notice save as to costs and otherwise did not appear

ORDERS VID 186 of 2022

BETWEEN: NARESH BANDARI First Appellant

SANDHYA RANI GUDIMALLA Second Appellant

AARUSH BANDARI Third Appellant

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

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

order made by: BEACH J DATE OF ORDER: 13 October 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 appellants pay the first respondent's costs of and incidental to the appeal fixed in the amount of $4000. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.