Federal Court of Australia
Federal Court of Australia
CCU21 v Minister for Home Affairs (Peremptory Mandamus) [2024] FCAFC 69 Appeal from: CCU21 v Minister for Home Affairs [2022] FCA 28
File number: NSD 72 of 2022
Judgment of: PERRAM, HALLEY AND GOODMAN JJ
Date of judgment: 6 June 2024
Catchwords: MIGRATION – application for peremptory writ of mandamus – where Court had previously issued mandamus directing the Respondent to determine Appellant's revocation application according to law – whether Respondent's return to the writ was insufficient – consideration of Plaintiff S297/2013 v Minister for Immigration and Border Protection (No 2) [2015] HCA 3; 255 CLR 231
Legislation: Migration Act 1958 (Cth)
Cases cited: CCU21 v Minister for Home Affairs [2023] FCAFC 87; 297 FCR 503 Plaintiff S297/2013 v Minister for Immigration and Border Protection (No 2) [2015] HCA 3; 255 CLR 231 Plaintiff S297/2013 v Minister for Immigration and Border Protection [2014] HCA 24; 255 CLR 179
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 12
Date of hearing: 14 November 2023
Counsel for the Appellant: Mr T Brennan SC, Ms K Heath and Ms C Brain
Solicitor for the Appellant: SBA Lawyers
Counsel for the Respondent: Mr P Herzfeld SC and Mr J Wherrett
Solicitor for the Respondent: Australian Government Solicitor
ORDERS NSD 72 of 2022
BETWEEN: CCU21 Appellant
AND: MINISTER FOR HOME AFFAIRS Respondent
order made by: PERRAM, HALLEY AND GOODMAN JJ DATE OF ORDER: 6 June 2024
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