Federal Court of Australia
Harvey v Minister for Home Affairs [2020] FCA 1438
ORDERS
Applicant | ||
AND: | Respondent | |
DATE OF ORDER: |
THE COURT ORDERS THAT:
1. The proceeding be struck out, having abated by reason of the death of the applicant.
2. There be no order as to costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
KENNY J:
1 By an affidavit affirmed on 1 September 2020 by Mr Keith Maxwell Sypott, an AGS lawyer assisting with the carriage of this matter on behalf of the respondent Minister, the Court was informed of the death of the applicant, Mr Daniel Bryan Harvey.
2 The late Daniel Harvey had previously filed an application for judicial review of the respondent’s decision not to revoke the mandatory cancellation of his Absorbed Person visa. That decision had been made under s 501CA(4) of the Migration Act 1958 (Cth). Judgment had not been delivered at the time of his death. The statutory rights invoked by his judicial review application were not transmissible to his legal representatives, and the proceeding therefore abated. In Kalejs v Minister for Justice and Customs [2001] FCA 1769; 111 FCR 442 I made orders in relevantly similar circumstances that the proceeding, which had abated by reason of the applicant’s death, should be struck out. I would make orders to the same effect in this case.
3 For the reasons stated, the orders will be:
1. The proceeding be struck out, having abated by reason of the death of the applicant.
2. There be no order as to costs.
I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Kenny. |
