AGV20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1430

Federal Court of Australia

AGV20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1430 Appeal from: AGV20 v Minister for Immigration & Anor [2020] FCCA 2980

File number(s): NSD 1241 of 2020

Judgment of: CHEESEMAN J

Date of judgment: 16 November 2023

Catchwords: MIGRATION – application for leave to appeal from interlocutory decision of the then Federal Circuit Court of Australia – where applicant did not appear – Held: application dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) s 24(1A) Federal Court Rules 2011 (Cth) r 35.33

Division: General Division

Registry: New South Wales

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 8

Date of hearing: 16 November 2023

Counsel for the Applicant: The applicant did not appear.

Solicitor for the First Respondent Ms G Gutmann of MinterEllison

Solicitor for the Second Respondent: The Second Respondent filed a submitting notice save as to costs.

ORDERS NSD 1241 of 2020

BETWEEN: AGV20 Applicant

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

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

order made by: CHEESEMAN J DATE OF ORDER: 16 November 2023

THE COURT ORDERS THAT:

1. The application for leave to appeal be dismissed. 2. The applicant pay the first respondent's costs of this application. 3. The first respondent is to provide a copy of these orders and the reasons for judgment to the applicant, using the means of communication which are known to the first respondent. 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.