Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs v CPJ16 [2019] FCA 1702 File number: NSD 1664 of 2019
Judge: STEWART J
Date of judgment: 16 October 2019
Catchwords: MIGRATION – interlocutory application by the Minister to stay a migration decision of the Administrative Appeals Tribunal pending a review under s 476A(1)(b) of the Migration Act 1958 (Cth) – first respondent held in immigration detention pending review – balance of convenience – Minister not giving an undertaking as to damages – application dismissed
Legislation: Migration Act 1958 (Cth) ss 476A(1)(b), 501
Cases cited: Australian Communications and Media Authority v Mobilegate Ltd [2009] FCA 539; 256 ALR 85 Australian Competition and Consumer Commission v Get Qualified Australia Pty Ltd [2016] FCA 976; 244 FCR 538 Australian Competition & Consumer Commission v Giraffe World Australia Pty Ltd [1998] FCA 819; 84 FCR 512 Australian Securities and Investments Commission v ACN 102 556 098 Pty Ltd [2003] NSWSC 1253; 48 ACSR 350 Commonwealth of Australia v John Fairfax & Sons Ltd [1980] HCA 44; 147 CLR 39 F. Hoffmann-La Roche & Co AG v Secretary of State for Trade and Industry [1975] AC 295
Date of hearing: 14 October 2019
Registry: New South Wales
Division: General
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 24
Counsel for the Applicant: R Francois
Solicitor for the Applicant: Australian Government Solicitor
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