SZTYO v Minister for Immigration and Border Protection [2015] FCA 30

FEDERAL COURT OF AUSTRALIA

SZTYO v Minister for Immigration and Border Protection [2015] FCA 30 Citation: SZTYO v Minister for Immigration and Border Protection [2015] FCA 30

Appeal from: Application for extension of time (NSD 1084 of 2014): SZTYO v Minister for Immigration [2014] FCCA 1180

Parties: SZTYO v MINISTER FOR IMMIGRATION AND BORDER PROTECTION SZTYO v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and SECRETARY, DEPARTMENT OF IMMIGRATION AND BORDER PROTECTION

File numbers: NSD 1084 of 2014 NSD 1174 of 2014

Judge: FOSTER J

Date of judgment: 30 January 2015

Catchwords: MIGRATION – whether the Court should grant an interlocutory injunction restraining the Minister for Immigration and Border Protection, and the Secretary of the Department of Immigration and Border Protection from transferring the applicant from the Villawood Immigration Detention Centre to the Wickham Point Immigration Detention Centre until such time as the Federal Circuit Court of Australia has determined the matters raised in proceedings commenced in that Court and remitted to that Court after a successful appeal

Legislation: Federal Court of Australia Act 1976 (Cth) s 23 Federal Court Rules 2011 r 30.33 Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 196, 256, 424A, 424AA Cases cited: Le v Minister for Immigration and Ethnic Affairs (1994) 53 FCR 27 NAFC v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 126 FCR 99 NAKG v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 997 Samsung Electronics Co Ltd v Apple Inc (2011) 217 FCR 238 SZSSJ v Minister for Immigration and Border Protection [2014] FCAFC 143 SZTGV v Minister for Immigration and Border Protection [2015] FCAFC 3 SZTYO v Minister for Immigration and Border Protection [2014] FCCA 1180 SZUBU v Minister for Immigration and Border Protection [2014] FCCA 1498