Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cayzer v Minister for Immigration and Border Protection [2014] FCA 1166 Citation: Cayzer v Minister for Immigration and Border Protection [2014] FCA 1166
Parties: GRAHAM RANKIN CAYZER v MINISTER FOR IMMIGRATION AND BORDER PROTECTION
File number: TAD 31 of 2014
Judge: KERR J
Date of judgment: 31 October 2014
Catchwords: PRACTICE AND PROCEDURE – Application for injunctive relief before the start of a proceeding
Legislation: Migration Act 1958 (Cth) s 501(3)
Cases cited: Re Patterson; ex parte Taylor (2001) 207 CLR 391
Date of hearing: 30 October 2014
Date of last submissions: 30 October 2014
Place: Hobart
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 17
Counsel for the Applicant: Mr G Melick SC and Mr R Broomhall
IN THE FEDERAL COURT OF AUSTRALIA TASMANIA DISTRICT REGISTRY GENERAL DIVISION
BETWEEN: GRAHAM RANKIN CAYZER
Applicant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION
Respondent
JUDGE: KERR J DATE OF ORDER: 30 OCTOBER 2014 WHERE MADE: HOBART
THE COURT ORDERS THAT:
1. The Respondent be restrained from detaining the Applicant until a determination has been made by the Court as to the Applicant's citizenship status or until further order. 2. Leave be granted to the Respondent to apply on short notice to set aside the above order. 3. Both parties have liberty to apply generally. THE COURT NOTES THAT: The applicant by his counsel undertakes to notify immediately the Minister for Immigration and Border Protection of this ex parte application and of this order. The applicant by his counsel undertakes to start within 14 days a substantive proceeding seeking an injunction and a declaration that the applicant is an Australian citizen and not subject to the Respondent's power under s 501(3) of the Migration Act 1958 (Cth). The applicant personally undertakes not to leave the State of Tasmania or change his residential address until further order. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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