Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Durani v Minister for Immigration and Border Protection [2013] FCA 1264 Citation: Durani v Minister for Immigration and Border Protection [2013] FCA 1264
Parties: SUHAIL AHMAD KHAN DURANI v MINISTER FOR IMMIGRATION AND BORDER PROTECTION
File number: WAD 361 of 2013
Judge: MCKERRACHER J
Date of judgment: 27 November 2013
Catchwords: MIGRATION – interlocutory application by applicant for an interim injunction for release from immigration detention pending the determination of his substantive application – applicant seeking judicial review of the Minister's decision under s 501A of the Migration Act 1958 (Cth) to set aside a decision of the Administrative Appeals Tribunal and cancel his skilled visa – whether the Court has power to grant such an injunction – consideration of scheme in s 189 and s 196 of the Migration Act for the detention of unlawful non-citizens
Legislation: Federal Court of Australia Act 1976 (Cth) s 23 Migration Act 1958 (Cth) ss 189, 196, 198, 501, 501A
Cases cited: Al-Kateb v Godwin (2004) 219 CLR 562 Al Masri v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1037 Castlemaine Tooheys Limited v The State of South Australia (1986) 161 CLR 148 Dunghutti Elders Council (Aboriginal Corporation) RNTBC v Registrar of Aboriginal and Torres Strait Islander Corporations (No 3) [2011] FCA 1019 Durani v Minister for Immigration and Citizenship [2013] AATA 273 Harbour Radio Pty Limited v Australian Communications and Media Authority [2012] FCA 439 Madafferi v Minister for Immigration and Multicultural Affairs (2002) 118 FCR 326 Minister for Immigration and Multicultural and Indigenous Affairs v VFAD (2002) 125 FCR 249 Ongel v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 239 Plaintiff S157/2002 v The Commonwealth of Australia (2003) 211 CLR 476 Racecourse Totalizators Pty Ltd v Totalisator Administration Board of Queensland (1995) 58 FCR 119 Ruddock v Taylor (2005) 222 CLR 612 Saeed v Minister for Immigration and Citizenship (2010) 241 CLR 252 VHAF v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 122 FCR 270 VJAB v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1253 Re Woolley and Another; Ex parte Applicants M276/2003 (2004) 225 CLR 1
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