Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
EPU19 v Minister for Home Affairs [2020] FCA 541 File number: VID 1266 of 2019
Judge: STEWARD J
Date of judgment: 17 April 2020
Date of publication of reasons: 24 April 2020
Catchwords: MIGRATION – application for judicial review of a decision of the Minister for Home Affairs to refuse the grant of a protection visa – where Minister conceded that the impugned decision should be quashed – where Court made an order in the nature of mandamus requiring the Minister to determine the matter according to law – where applicant filed an interlocutory application seeking an order in the nature of peremptory mandamus directing the Minister to grant the protection visa – where applicant alleged deliberate delay on the Minister's part in complying with the Court's order – whether Court should make supplemental orders in the form sought
Legislation: Commonwealth of Australia Constitution Act 1900 (Imp.) s. 9 Constitution s. 75 Federal Court of Australia Act 1976 (Cth.) ss. 22, 38 Judiciary Act 1903 (Cth.) s. 32 Migration Act 1958 (Cth.) ss. 36, 65, 474, 476A, 501 High Court Rules 2004 (Cth.) rr. 25.13.4, 25.13.5
Cases cited: BAL19 v. Minister for Home Affairs [2019] FCA 2189 Blakey v. Latham (1889) 43 Ch. D. 23 Chen Shi Hai v. Minister for Immigration and Multicultural Affairs (2000) 201 C.L.R. 293 Federal Commissioner of Taxation v. Indooroopilly Children Services (Qld.) Pty Ltd (2007) 158 F.C.R. 325 Knight v. F.P. Special Assets Ltd (1992) 174 C.L.R. 178 Minister for Aboriginal Affairs v. Peko-Wallsend Ltd (1986) 162 C.L.R. 24 Minister for Immigration and Border Protection v. CLV16 (2018) 260 F.C.R. 482 Minister for Immigration and Multicultural Affairs v. Bhardwaj (2002) 209 C.L.R. 597 Minister for Immigration and Multicultural Affairs v. Haji Ibrahim (2000) 204 C.L.R. 1 Plaintiff M47/2012 v. Director-General of Security (2012) 251 C.L.R. 1 Plaintiff S297/2013 v. Minister for Immigration and Border Protection (2015) 255 C.L.R. 231 Sebastian v. State of Western Australia [2008] FCA 926 SZLDG v. Minister for Immigration and Citizenship (2008) 166 F.C.R. 230
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