DYL16 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1378

Federal Court of Australia

DYL16 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1378 Appeal from: DYL16 & Anor v Minister for Immigration & Anor [2020] FCCA 2244

File number(s): NSD 1077 of 2020

Judgment of: BURLEY J

Date of judgment: 8 November 2023

Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court of Australia – where appellants did not appear – appeal dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) s 25(2B)(bb)(ii) Migration Act 1958 (Cth) Federal Court Rules 2011 (Cth) r 36.75(1)(a)

Division: General Division

Registry: New South Wales

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 6

Date of hearing: 8 November 2023

Counsel for the Appellants: The Appellants did not appear

Counsel for the First Respondent: Mr N Swan

Solicitor for the First Respondent: Australian Government Solicitor

ORDERS NSD 1077 of 2020

BETWEEN: DYL16 First Appellant

DYM16 Second Appellant

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

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

order made by: BURLEY J DATE OF ORDER: 8 November 2023

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellants pay the first respondent's cost of the appeal. 3. The first respondent serve a copy of these reasons for judgment, once published, on the appellants forthwith upon receiving them. 4. The first respondent's name be amended to 'Minister for Immigration, Citizenship and Multicultural Affairs'. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.