Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BNC15 v Minister for Immigration and Border Protection [2017] FCA 1318 Appeal from: BNC15 v Minister for Immigration and Border Protection [2017] FCCA 2094
File number: WAD 431 of 2017
Judge: MCKERRACHER J
Date of judgment: 10 November 2017
Catchwords: MIGRATION – oral application by applicant to discontinue proceedings – where applicant had applied for an injunction preventing his removal from Australia and an extension of time to lodge an appeal from the Federal Circuit Court of Australia (FCC) – where an appeal from the same decision of the FCC was previously dismissed by consent – res judicata – Anshun estoppel – principles relevant to granting injunctive relief
Legislation: Migration Act 1958 (Cth) ss 48B, 195A, 417, 501 Federal Court Rules 2011 (Cth) rr 39.05, 39.11(3)
Cases cited: AKD15 v Minister for Immigration and Border Protection [2016] FCCA 2740 ALY15 v Minister for Immigration and Border Protection [2017] FCCA 406 ALY15 v Minister for Immigration and Border Protection [2017] FCA 281 AQF15 v Minister for Immigration and Border Protection [2017] FCCA 977 AKR15 v Minister for Immigration and Border Protection (2015) 297 FLR 224 BIG15 v Minister for Immigration and Border Protection [2017] FCCA 1051 BNW15 v Minister for Immigration and Border Protection [2017] FCCA 1737 BQI15 v Minister for Immigration and Border Protection [2017] FCCA 1049 BTA15 v Minister for Immigration and Border Protection [2017] FCCA 417 BTA15 v Minister for Immigration and Border Protection [2017] FCA 422 CDM16 v Minister for Immigration and Border Protection [2016] FCCA 2758 Daniel v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 205 ALR 198 Daniel v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 395 Hassen v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1036 Hossam v Minister for Immigration and Border Protection [2016] FCA 1161 Hunter Valley Developments Pty Ltd v Minister for Home Affairs and Environment (1984) 3 FCR 344 Minister for Immigration and Border Protection v SZSSJ (2016) 259 CLR 180 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 Somanader v Minister for Immigration and Multicultural Affairs (2000) 178 ALR 677 SZTRY v Minister for Immigration and Border Protection [2015] FCAFC 86 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 238 FCR 588 WZARI v Minister for Immigration [2013] FCCA 217 WZARI v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCA 788 WZARI v Minister for Immigration and Multicultural Affairs and Citizenship [2013] HCASL 201
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