Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SRFB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1021
MIGRATION – application for interlocutory injunction restraining the removal of the applicant from Australia until all avenues of judicial review exhausted – whether applicant entitled to have judicial review proceedings determined prior to removal pursuant to s 198(6) of Migration Act 1958 (Cth) – whether judicial review proceedings relevant to whether it is 'reasonably practicable' to remove applicant – interim injunction granted.
Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 5(9), 198(6), s 474, s 475
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment done at New York on 10 December 1984 Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 cited M38/2002 v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 199 ALR 290 cited NATB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 185 referred to SRFB & SRGB v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS No S 618 of 2003 LANDER J ADELAIDE 19 SEPTEMBER 2003
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S618 OF 2003
BETWEEN: SRFB
FIRST APPLICANT
SRGB
SECOND APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: LANDER J
DATE OF ORDER: 19 SEPTEMBER 2003
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: 1. Until 3.00 pm on Friday, 26 September 2003 the respondent is restrained from removing the applicants from Australia. 2. Direct the applicants to file the decision of the Refugee Review Tribunal, which is subject to the application to this Court for review. 3. Direct that the applicants file and serve, by Thursday, 25 September 2003 at 4.30 pm, particulars of the jurisdictional error or errors complained of. 4. Adjourn the matter for further consideration until 3.00 pm on Friday, 26 September 2003. 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