Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Madafferi v Minister for Immigration & Multicultural Affairs [2000] FCA 1612
MIGRATION LAW – application for interlocutory relief – whether Court has jurisdiction pursuant to s482(2) of the Migration Act 1958 (Cth) to grant a stay of decision of respondent – consideration of meaning of the words "securing the effectiveness of the hearing and determination of the appeal" – whether serious issue to be tried – consideration of balance of convenience Ooi v Minister for Immigration & Multicultural Affairs [2000] FCA 514 followed
Lam v Minister for Immigration & Multicultural Affairs [2000] FCA 1226 considered
Bullock v The Federated Furnishing Trades Society of Australasia (1985) 5 FCR 464 applied
FRANCESCO MADAFFERI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 839 of 2000 MARSHALL J MELBOURNE 1 NOVEMBER 2000
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 839 of 2000
BETWEEN: FRANCESCO MADAFFERI
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MARSHALL J
DATE OF ORDER: 1 NOVEMBER 2000
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. Upon the applicant giving the usual undertakings as to damages, pending the hearing and determination of the proceeding the respondent by himself and his servants and agents be restrained from treating the applicant as an unlawful non-citizen for the purposes of the Migration Act 1958 (Cth).
2. Costs reserved.
3. The applicant have leave to file any amended application on or before 10 November 2000.
4. The applicant file and serve any further affidavit or affidavits on which he intends to rely at the trial on or before 24 November 2000.
5. The trial be by affidavit.
6. The directions hearing be adjourned to 10.15 am on 4 December 2000.
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