Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tanioria v Commonwealth of Australia [2016] FCA 1237 File number: NSD 1054 of 2016
Judge: MARKOVIC J
Date of judgment: 18 October 2016
Catchwords: MIGRATION – interlocutory application to restrain the applicant's removal from Australia pending resolution of substantive proceeding – where applicant's immigration status as an unlawful non-citizen was not in issue – where applicant has proceeding on foot and his removal would render certain claims for relief redundant
Legislation: Federal Court of Australia Act 1976 (Cth) ss 23, 31A Federal Court Rules 2011 (Cth) rr 16.21, 26.01 Migration Act 1958 (Cth) ss 189, 198(6), 501
Cases cited: Li v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 667 Minister for Immigration and Citizenship v SZQRB [2013] FCAFC 33 MZZLD v Minister for Immigration and Border Protection [2016] FCA 1201 Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (1998) 195 CLR 1 Plaintiff M68/2015 v Minister for Immigration and Border Protection (2016) 90 ALJR 297 Ruddock v Taylor (2005) 222 CLR 612
Date of hearing: 17 October 2016
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
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