BJA18 v Minister for Home Affairs [2018] FCA 440

FEDERAL COURT OF AUSTRALIA

BJA18 v Minister for Home Affairs [2018] FCA 440 File number: NSD 396 of 2018

Judge: WIGNEY J

Date of judgment: 20 March 2018

Catchwords: PRACTICE AND PROCEDURE – urgent injunction to restrain Minister from removing applicant from Australia – whether grounds of application are reasonably arguable to grant relief – whether Court has jurisdiction under s 476A of the Migration Act 1958 (Cth) – whether Court has jurisdiction under s 39B of the Judiciary Act 1903 (Cth) – application dismissed MIGRATION – whether applicant must be removed pursuant to s 198(6) of the Migration Act 1958 (Cth) – where applicant a previous protection visa applicant – where order made pursuant to s 91X of the Migration Act 1958 (Cth) for the non-publication of the applicant's name

Legislation: Judiciary Act 1903 (Cth), s 39B Migration Act 1958 (Cth), ss 91X, 198, 476A

Date of hearing: 20 March 2018

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 23

Counsel for the Applicant: The Applicant appeared in person with the assistance of an interpreter

Solicitor for the Respondent: Ms N Johnson of Mills Oakley

ORDERS NSD 396 of 2018

BETWEEN: BJA18 Applicant

AND: MINISTER FOR HOME AFFAIRS Respondent

JUDGE: WIGNEY J DATE OF ORDER: 20 MARCH 2018

THE COURT ORDERS THAT:

1. The application filed on 19 March 2018 be dismissed. 2. The applicant is to pay the respondent's costs of the application. 3. The application be amended by substituting an appropriate pseudonym for the applicant's name for the purposes of s 91X of the Migration Act 1958 (Cth). 4. To the extent that the applicant's name was used in the course of the hearing on 20 March 2018, the publication of his name be prohibited pursuant to s 91X of the Act. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.