Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CLM18 v Minister for Home Affairs (No 2) [2019] FCAFC 194 Appeal from: CLM18 v Minister for Home Affairs [2019] FCCA 1106
File number: NSD 728 of 2019
Judges: PERRAM, ROBERTSON AND ABRAHAM JJ
Date of judgment: 7 November 2019
Catchwords: MIGRATION – appropriate orders to give effect to earlier reasons of the Full Court
Legislation: Migration Act 1958 (Cth) s 46A
Cases cited: CLM18 v Minister for Home Affairs [2019] FCAFC 170
Date of hearing: Determined on the papers
Date of last submissions: 6 November 2019
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 10
Counsel for the Appellant: Mr JF Gormly
Solicitor for the Appellant: Hall & Wilcox
Counsel for Respondents: Mr SB Lloyd SC with Ms JE Davidson
Solicitor for the Respondents: Australian Government Solicitor
ORDERS NSD 728 of 2019
BETWEEN: CLM18 Appellant
AND: MINISTER FOR HOME AFFAIRS First Respondent
INFORMED REFFERAL TO STATUS RESOLUTION OFFICER Second Respondent
JUDGES: PERRAM, ROBERTSON AND ABRAHAM JJ DATE OF ORDER: 7 NOVEMBER 2019
THE COURT ORDERS THAT:
In place of orders 2 and 3 made by the primary judge on 7 May 2019: 1. The decision of the second respondent dated 2 March 2018 be set aside. 2. The first respondent, by himself, his officers, delegates or agents be restrained from relying on the decision referred to in order 1. 3. The first respondent pay the appellant's costs of the proceedings in the Federal Circuit Court of Australia, as agreed or assessed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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