MZUAZ v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1390

FEDERAL COURT OF AUSTRALIA

MZUAZ v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1390 IMMIGRATION – judicial review of Refugee Review Tribunal decision to deny applicant a protection visa – applicant and his family seek interlocutory relief preventing the Minister removing them to detention and from the country – statement of minister that family will not be removed from the country – whether interlocutory relief can be granted in respect of the applicant's parents being detained.

Judiciary Act 1903 (Cth): s 39B Migration Act 1958 (Cth): ss 475A, 477, 478, 479 Australian Citizenship Act 1948 (Cth): s 10(2)

VBAC v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 205, referred to Jackson v Sterling Industries Ltd (1987) 162 CLR 612, referred to Peniche v Vanstone (1999) 96 FCR 38, referred to Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (1998)195 CLR 1, referred to MZUAZ v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS V 1035 of 2003 GOLDBERG J 20 NOVEMBER 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 1035 of 2003

BETWEEN: MZUAZ

Applicant

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 20 NOVEMBER 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application for interlocutory relief be refused. 2. The costs of and incidental to the application this day of all parties be reserved for further consideration. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 1035 of 2003

BETWEEN: MZUAZ

Applicant

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS