DZAEH v Minister for Immigration and Border Protection [2016] FCA 178

FEDERAL COURT OF AUSTRALIA

DZAEH v Minister for Immigration and Border Protection [2016] FCA 178 File number: WAD 39 of 2016

Judge: MCKERRACHER J

Date of judgment: 23 February 2016

Legislation: Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 198

Cases cited: DZAEH v Minister for Immigration and Border Protection [2016] FCA 54 DZAEH v Minister for Immigration and Border Protection [2016] FCA 83 SZSPI v Minister for Immigration and Border Protection (2014) 233 FCR 279 Tait v The Queen (1962) 108 CLR 620

Date of hearing: 23 February 2016

Registry: Western Australia

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No Catchwords

Number of paragraphs: 11

Counsel for the Applicant: The Applicant appeared in person with the assistance of Ms Y Zhang and an interpreter

Counsel for the First Respondent: Mr P R Macliver

Solicitor for the First Respondent: Australian Government Solicitor

Counsel for the Second Respondent: The Second Respondent submits to any order of the Court, save as to costs

ORDERS WAD 39 of 2016

BETWEEN: DZAEH Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

COMMONWEALTH OF AUSTRALIA Second Respondent

JUDGE: MCKERRACHER J DATE OF ORDER: 23 FEBRUARY 2016

THE COURT ORDERS THAT:

1. The applicant not be removed from Australia pursuant to s 198 of Migration Act 1958 (Cth) until further order. 2. Costs be reserved. 3. The applicant file and serve any further materials in support of its interlocutory application by 3 March 2016 at 4.00pm. 4. Any materials in response by the first respondent including any application to set aside the injunction be filed by 10 March 2016 at 4.00pm. 5. Any interlocutory application to set aside the injunction be listed on a date to be fixed thereafter. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.