Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NAFC v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1637 MIGRATION – application for injunction restraining respondent Minister from removing applicant in detention from Villawood to Woomera pending final hearing and determination of applicant's application for review by Refugee Review Tribunal of decision cancelling his protection visa – application dismissed – appeal from that decision pending – present application for injunction that applicant be not removed pending hearing and determination of appeal – interlocutory injunction granted but reserving right for Minister to apply for dissolution or variation of injunction.
Migration Act 1958 (Cth) s 256
Federal Commissioner of Taxation v Myer Emporium Ltd (1986) 160 CLR 220 cited Jennings Construction Ltd v Burgundy Royale Investments Pty Ltd (No 1) (1986) 161 CLR 681 cited Al Masri v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1037 cited
NAFC v MINISTER FOR IMMIGRATION & MULTICULTURAL
& INDIGENOUS AFFAIRS N 1293 OF 2002 LINDGREN J 24 DECEMBER 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1293 OF 2002
BETWEEN: NAFC
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL
& INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: LINDGREN J
DATE OF ORDER: 24 DECEMBER 2002
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Pending the determination of the applicant's appeal in proceeding N 1409 of 2002 or further order of the Court, the respondent not remove the applicant from the Villawood Immigration Detention Centre to the Woomera Immigration Reception and Processing Centre. 2. The respondent have liberty to apply for a dissolution or variation of the injunction contained in Order (1) on 48 hours' notice, not before 1 January 2003. 3. The costs of the applicant's motion brought by notice of motion filed on 19 December 2002 be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate