Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tanioria v Commonwealth of Australia [2016] FCA 1253 Appeal from: Application for leave to appeal: Tanioria v Commonwealth of Australia [2016] FCA 1237
File number(s): NSD 1840 of 2016
Judge(s): GRIFFITHS J
Date of judgment: 21 October 2016
Catchwords: MIGRATION – application for leave to appeal against refusal of interlocutory injunction relief restraining the applicant's removal from Australia – no arguable error of principle by primary judge in exercising her discretion – no substantial injustice demonstrated if leave were refused - Held: - interlocutory application dismissed.
Legislation: Federal Court of Australia Act 1976, ss 24(1A), 31A Migration Act 1958 (Cth), ss 189, 198, 501
Cases cited: Commonwealth of Australia v Fernando [2012] FCAFC 18; 200 FCR 1 Décor Corp Pty Ltd v Dart Industries Inc [1991] FCA 844; 33 FCR 397 Fernando v Commonwealth of Australia [2014] FCAFC 181; 231 FCR 251 Hicks v Ruddock [2007] FCA 299; 156 FCR 574 House v The King [1936] HCA 40; 55 CLR 499 Li v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 667 MZZLD v Minister for Immigration and Border Protection [2016] FCA 1201
Date of hearing: 21 October 2016
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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