SAAK v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 921

FEDERAL COURT OF AUSTRALIA

SAAK v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 921

MIGRATION – INTERLOCUTORY RELIEF – application to restrain the Minister from removing the applicant from Australia – application for interlocutory relief – whether s 198(6) of the Migration Act 1958 (Cth) properly construed enables applicant to seek findings of fact as to refugee status – whether a serious question to be tried – application refused Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 198, 474 SAAK v Minister for Immigration & Multicultural & Indigenous Affairs [2001] FCA 1057 referred to SAAK v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 86 referred to M38/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 131 followed Plaintiff S157/2002 v Commonwealth of Australia [2003] HCA 2 referred to NATB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 761 referred to NATB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 185 considered Minister for Immigration & Multicultural & Indigenous Affairs v Al Masri [2003] FCAFC 70 Erinford Properties v Cheshire [1974]Ch 261 cited Chartered Bank v Daklouche [1980] 1 All ER 205 cited SAAK v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS S 624 OF 2003 MANSFIELD J 27 AUGUST 2003 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 624 OF 2003

BETWEEN: SAAK

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 27 AUGUST 2003

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application for interlocutory relief is refused.

2. Leave is granted to appeal from the decision to refuse interlocutory relief.