Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Home Affairs v Zadeh [2018] FCA 1452 Appeal from: Zadeh and Minister for Home Affairs [2018] AATA 2145
File number: NSD 1413 of 2018
Judge: THAWLEY J
Date of judgment: 19 September 2018
Catchwords: PRACTICE AND PROCEDURE – stay application – application under s 44A(2)(a) of the Administrative Appeals Tribunal Act 1975 (Cth) for stay of direction of Administrative Appeals Tribunal pending determination of appeal – whether applicant had a reasonably arguable case on appeal – whether Tribunal's direction was arguably inconsistent with Ministerial Determination IMMI 11/088 and div 2, sub-div B of the Australian Citizenship Act 2007 (Cth) – whether balance of convenience favoured granting stay – where Minister gave undertakings to mitigate prejudice to the respondent
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44A(2)(a) Australian Citizenship Act 2007 (Cth) ss 19G, 20, 21, 21(2), 21(2A), 23A(1), 23A(7), 24 Federal Court Rules 2011 (Cth) r 2.25(3)
Cases cited: Aspen Pharma Pty Ltd v H Lundbeck A/S [2013] FCA 324 Broadbent v Civil Aviation Safety Authority [1999] FCA 1871 Comcare v Nicolas [2014] FCA 638 Ekinci v Civil Aviation Safety Authority [2014] FCA 905 Hartnett v Migration Agents Registration Authority [2003] FCA 998 Theo v The Secretary, Department of Family Services [2004] FCA 1748
Date of hearing: 19 September 2018
Registry: New South Wales
Division: General Division
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