Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Shahrooie v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 235
MIGRATION – interlocutory injunctions – application of Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment (New York, 10 December 1984) to s 198(6) of the Migration Act 1958 (Cth) – injunction discharged.
Migration Act 1958 (Cth) s 198(6)
Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment done at New York on 10 December 1984
NATB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 185 discussed NATB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 292 followed M38/2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 199 ALR 290 considered Tait v The Queen (1962) 108 CLR 620 distinguished Jennings Construction Ltd v Burgundy Royale Investments Pty Ltd (1986) 161 CLR 681 referred to SHAHIN SHAHROOIE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS No S 606 of 2003 LANDER J ADELAIDE 19 JANUARY 2004
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 606 OF 2003
BETWEEN: SHAHIN SHAHROOIE
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: LANDER J
DATE OF ORDER: 19 JANUARY 2004
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: 1. Paragraphs 1, 2 and 3 of the orders made by me on 22 August 2003 be discharged. 2. Paragraph 1 of the orders made by me on 8 September 2003 restraining the respondent from removing the applicant from the territory of Australia be discharged. 3. Paragraph 1 of the orders made by me on 19 September 2003 confirming paragraph 1 of the orders made by me on 8 September 2003 be discharged. 4. Adjourn the applicant's and the respondent's applications for costs until 16 February 2003 at 10.00 am. 5. The applicant's application for an order in the nature of an injunction restraining the respondent from removing the applicant from Australia pending the outcome of an application for special leave to appeal to the High Court of Australia in the matter NATB v Minister for Immigration and Multicultural and Indigenous Affairs be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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