DKB18 v Minister for Home Affairs [2018] FCA 1465

DKB18 v Minister for Home Affairs [2018] FCA 1465

At the time the children entered Australia, they were in the charge of and for the purpose of living under the care of their father. Therefore, the exceptions in s 4AAA(2) of the IGOC Act applied, and they were not 'non-citizen children' within the meaning of the Act; the Minister was not their guardian.

Parties
First Applicant: DKB18; Second Applicant: DKC18; Third Applicant: DKL18; Respondent: Minister for Home Affairs
Jurisdiction
Australia
Judgment Date
27 September 2018
Procedural Posture
Originating Application for Declaratory Relief / Final Decision – Judgment and Orders
Outcome
Application dismissed
Legal Topics
Migration, Statutory Interpretation, Guardianship of Minors, Non Citizen Children
Administrative and Constitutional Law and Human Rights Migration Statutory Interpretation Guardianship of Minors Non Citizen Children

Case Brief

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Parties

DKB18

First Applicant

DKC18

Second Applicant

DKL18

Third Applicant

Minister for Home Affairs

Respondent

Procedural Posture

Originating Application for Declaratory Relief / Final Decision – Judgment and Orders

Legal Issues

  1. 1 Whether each of the two minor children applicants is a 'non-citizen child' within the meaning of s 4AAA of the Immigration (Guardianship of Children) Act 1946 (Cth)
  2. 2 Whether the Minister is their guardian under s 6(1) of the IGOC Act

Ratio Decidendi

At the time the children entered Australia, they were in the charge of and for the purpose of living under the care of their father. Therefore, the exceptions in s 4AAA(2) of the IGOC Act applied, and they were not 'non-citizen children' within the meaning of the Act; the Minister was not their guardian.

Court Disposition

Application dismissed

Orders

  • The amended originating application be dismissed.
  • The respondent pay 50 percent of the applicants' costs of the proceeding, as agreed or assessed.