SZTFS v Minister for Immigration and Border Protection [2015] FCA 1227

FEDERAL COURT OF AUSTRALIA

SZTFS v Minister for Immigration and Border Protection [2015] FCA 1227 Citation: SZTFS v Minister for Immigration and Border Protection [2015] FCA 1227

Parties: SZTFS v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and DEPARTMENT OF IMMIGRATION AND CITIZENSHIP

File number: ACD 116 of 2015

Judge: JAGOT J

Date of judgment: 10 November 2015

Catchwords: PRACTICE AND PROCEDURE – whether interlocutory injunction should be granted – no substantive relief raising a serious question to be tried – application dismissed

Legislation: Migration Act 1958 (Cth) s 476A

Date of hearing: 10 November 2015

Place: Sydney via video-link to Canberra

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 7

Counsel for the Applicant: Ms M Barlow

Solicitor for the Respondents: Mr J Bird of Clayton Utz

IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY GENERAL DIVISION ACD 116 of 2015

BETWEEN: SZTFS

Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Respondent

DEPARTMENT OF IMMIGRATION AND CITIZENSHIP

Second Respondent

JUDGE: JAGOT J DATE OF ORDER: 10 NOVEMBER 2015 WHERE MADE: SYDNEY via video-link to canberra

THE COURT ORDERS THAT:

1. The identity of the applicant be suppressed and the applicant be referred to only as SZTFS. 2. The application for interlocutory relief, identified in the originating application dated 27 October 2015, be dismissed. 3. The originating application, if not discontinued at an earlier time, be made returnable for directions at 9.15 am on 23 November 2015. 4. The applicant pay the respondents' costs of and in connection with the application for interlocutory relief, as agreed or taxed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.