DTY18 v Minister for Home Affairs

The applicants, DTY18 and others, sought judicial review of a decision by the Minister for Home Affairs. The core of the dispute concerned the applicants' immigration status and their ability to remain in Australia. The matter came before Judge McNab in the Federal Court of Australia.

The primary legal issue before the Court was whether the application for judicial review had become moot. This question arose because the applicants had voluntarily departed Australia and, at the time of the hearing, possessed no right of return. Consequently, the Court was required to consider whether any relief it might grant would be futile, given the applicants' voluntary departure and lack of a present or prospective right to be in Australia.

Judge McNab reasoned that the applicants' voluntary departure from Australia, without any right of return, rendered the proceedings moot. The Court applied the principle that judicial review is concerned with the legality of past administrative decisions and the potential for present or future relief. In this instance, any declaration or order the Court might make regarding the applicants' immigration status would have no practical effect, as they were no longer in Australia and had no legal basis to return. Therefore, the Court concluded that the provision of relief would be futile.

The application was dismissed.