Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AFF20 v Minister for Home Affairs [2020] FCA 546 File number: NSD 52 of 2020
Judge: GRIFFITHS J
Date of judgment: 14 April 2020
Catchwords: MIGRATION – interlocutory application seeking to restrain the Minister from continuing to detain the applicant in immigration detention pending the substantive hearing and a mandatory injunction for the applicant's immediate release – whether the Court is precluded from granting the relief which the applicant seeks – consideration of ss 196 and 476A of the Migration Act 1958 (Cth) – interlocutory application summarily dismissed
Legislation: Constitution, s 75 Migration Act 1958 (Cth), ss 196, 476A, 501
Cases cited: Applicant in WAD 230/2014 v Minister for Immigration & Border Protection [2014] FCA 1351 Durani v Minister for Immigration and Border Protection [2013] FCA 1264; 223 FCR 391 Ongel v Minister of Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 239 Plaintiff M168/10 v The Commonwealth [2011] HCA 2
Date of hearing: 14 April 2020
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 20
Counsel for the Applicant: Mr I Chatterjee with Mr W Richey
Solicitor for the Applicant: Olympus Law Partners
Counsel for the Respondent: Mr P Herzfeld with Ms K Pham
Solicitor for the Respondent: Australian Government Solicitor
ORDERS NSD 52 of 2020
BETWEEN: AFF20 Applicant
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