Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Huynh v Administrative Appeals Tribunal [2012] FCA 37 Citation: Huynh v Administrative Appeals Tribunal [2012] FCA 37
Parties: HOAI HAN HUYNH v ADMINISTRATIVE APPEALS TRIBUNAL and MINISTER FOR IMMIGRATION AND CITIZENSHIP
File number: NSD 56 of 2012
Judge: JACOBSON J
Date of judgment: 19 January 2012
Catchwords: MIGRATION – application to restrain Minister from removing Applicant from Australia pursuant to s 198 of the Migration Act 1958 (Cth) PRACTICE AND PROCEDURE – power of single judge to "make an interlocutory order pending, or after, the determination of an appeal to the Court" pursuant to s 25(2B)(ab) of the Federal Court of Australia Act 1976 (Cth) – query whether "appeal" extends to the determination of an application for leave to appeal or for an extension of time to appeal
Legislation: Federal Court of Australia Act 1976 (Cth), s 25 Migration Act 1958 (Cth), ss 198, 476A and 477A International Covenant on Civil and Political Rights, opened for signature 16 December 1966, 999 UNTS 171 (entered into force 23 March 1976), article 23(1)
Cases cited: Huynh v Minister for Immigration & Citizenship [2011] FCA 1333 referred to Mordechai v Minister for Immigration and Citizenship [2011] FCA 986 cited
Date of hearing: 19 January 2012
Place: Sydney
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