Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Border Protection v EAB16 [2017] FCA 380 Appeal from: Application for Leave to Appeal: EAB16 v Minister for Immigration and Border Protection (Federal Circuit Court, No. ADG 125/2017, Orders dated 6 April 2017)
File number: SAD 87 of 2017
Judge: BESANKO J
Date of judgment: 6 April 2017
Date of publication of reasons: 12 April 2017
Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal an interlocutory order made by the Federal Circuit Court of Australia – where applicants' argument raises a point of principle – where applicants claim interlocutory order beyond power because it requires them to treat cancellation decision as of no effect in absence of declaration of excess or want of jurisdiction – whether appeal should be heard immediately – where complex issues of law – where delay in hearing the appeal would not render the appeal moot. PRACTICE AND PROCEDURE – alternative application for interim relief – where balance of convenience favours the respondent – where risk of removal and persecution.
Legislation: Migration Act 1958 (Cth) ss 42, 82, 128, 474
Cases cited: Decor Corporation Pty Ltd and Another v Dart Industries Inc (1991) 33 FCR 397 Lansen and Others v Minister for Environment and Heritage and Another (2008) 174 FCR 14
Date of hearing: 6 April 2017
Registry: South Australia
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 13
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