DLJ18 v Minister for Home Affairs [2018] FCA 2108

FEDERAL COURT OF AUSTRALIA

DLJ18 v Minister for Home Affairs [2018] FCA 2108 Appeal from: Application for extension of time: DLJ18 v Minister for Home Affairs [2018] FCA 1650

File number: NSD 2395 of 2018

Judge: FLICK J

Date of judgment: 24 December 2018

Catchwords: PRACTICE AND PROCEDURE – migration – application for interlocutory injunction to restrain removal from Australia – no prejudice suffered by Minister – unfairness occasioned to Applicant where notice of the intention to remove him was served a short time before Christmas

Legislation: Migration Act 1958 (Cth) s 501 Federal Court Rules 2011 (Cth) r 36.03

Cases cited: DLJ18 v Minister for Home Affairs [2018] FCA 1650 Minister for Immigration and Border Protection v DRP17 [2018] FCAFC 198

Date of hearing: 24 December 2018

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 13

Counsel for the Applicant: The Applicant appeared by video link with the assistance of an interpreter

Counsel for the Respondent: Mr A Keevers of Sparke Helmore

ORDERS NSD 2395 of 2018

BETWEEN: DLJ18 Applicant

AND: MINISTER FOR HOME AFFAIRS Respondent

JUDGE: FLICK J DATE OF ORDER: 24 DECEMBER 2018

THE COURT ORDERS THAT:

1. In the absence of further order, the Minister is restrained from removing the Applicant from Australia on or prior to 5.00pm on 15 January 2019. 2. Liberty is reserved to apply to the Duty Judge on 48 hours' notice in writing. 3. Costs reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.