BZX23 v Minister for Immigration, Citizenship and Multicultural Affairs
[2023] FedCFamC2G 975
•3 August 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
BZX23 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 975
File number(s): SYG 1245 of 2023 Judgment of: JUDGE STREET Date of judgment: 3 August 2023 Catchwords: MIGRATION – PROCEEDINGS REMITTED FROM FCA ARE DISMISSED DUE TO GRANT OF VISA Division: Division 2 General Federal Law Number of paragraphs: 3 Date of hearing: 3 August 2023 Place: Perth Applicant: Appeared in person Solicitor for the Respondent: Sparke Helmore Lawyers ORDERS
SYG 1245 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: BZX23
Applicant
AND: MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS
Respondent
ORDER MADE BY:
JUDGE STREET
DATE OF ORDER:
3 AUGUST 2023
THE COURT ORDERS THAT:
1.These proceedings remitted from the Federal Court of Australia are dismissed.
2.The Court makes no order as to costs.
Note: The form of the order is subject to the entry in the Court’s records.
Note: The Court may vary or set aside a judgment or order to remedy minor typographical or grammatical errors (r 17.05(2)(g) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 17.05 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth).
EX TEMPORE REASONS FOR JUDGMENT 3 AUGUST 2023
JUDGE STREET
These proceedings were originally commenced in the Federal Court of Australia. The learned Justice Rares identified that that Court did not have jurisdiction and remitted the matter to this Court.
The matter was listed for 3:30pm AWST today for this Court to consider making an appropriate injunctive order if a case is made out for the grant of such leave in circumstances where the applicant received a deportation order issued on 31 July 2023.
The Court has since been informed that the applicant has lodged a protection visa and that the Minister has withdrawn the deportation order. The applicant does not oppose, nor does the Minister, the proceedings be dismissed in these circumstances. It is for these reasons the Court has made the order dismissing the proceedings.
I certify that the preceding three (3) numbered paragraphs are a true copy of the published oral reasons for Judgment of Judge Street. Associate:
Dated: 27 November 2023
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