BBY21 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1567

The appeal was dismissed as it lacked utility given the appellant no longer sought to be removed to Kenya and did not wish to proceed with the appeal.

Parties: Appellant: BBY21; First Respondent: Minister for Immigration, Citizenship and Multicultural Affairs; Second Respondent: Secretary, Department of Home Affairs; Third Respondent: Commonwealth of Australia
Jurisdiction: Australia
Judgment Date: 08 December 2023
Procedural Posture: Appeal / Federal Court of Australia, General Division
Outcome: Appeal dismissed
Legal Topics: Judicial Review of Ministerial Decision, Mandamus, Removal of Unlawful Non Citizen, Administrative Review

Migration Law Administrative Law Judicial Review of Ministerial Decision Mandamus Removal of Unlawful Non Citizen Administrative Review

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2

Parties

BBY21

Appellant

Minister for Immigration, Citizenship and Multicultural Affairs

First Respondent

Secretary, Department of Home Affairs

Second Respondent

Commonwealth of Australia

Third Respondent

Procedural Posture

Appeal / Federal Court of Australia, General Division

Legal Issues

1 Whether the Minister breached obligations under s 198(6) of the Migration Act 1958 (Cth) by not removing appellant to Kenya as soon as reasonably practicable
2 Whether there is any utility in continuing with the appeal given appellant's changed wishes

Ratio Decidendi

The appeal was dismissed as it lacked utility given the appellant no longer sought to be removed to Kenya and did not wish to proceed with the appeal.

Court Disposition

Appeal dismissed

Orders

The appeal be dismissed.
The appellant pay the first respondent's costs as agreed or taxed under r 40.12 of the Federal Court Rules 2011 (Cth).