Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v BFW20 by his Litigation Representative BFW20A [2020] FCA 615 Appeal from: BFW20 by his Litigation Representative BFW20A v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 562
File number: SAD 70 of 2020
Judge: BESANKO J
Date of judgment: 8 May 2020
Catchwords: PRACTICE AND PROCEDURE — application for a stay pending the determination of an appeal to the Full Court of the Federal Court of Australia — whether the grounds of appeal are arguable — whether the subject matter of the appeal will be destroyed if a stay is not granted — whether the respondent will be deprived of the fruits of his success at first instance if a stay is granted — whether the appellants have engaged in disentitling conduct — whether the appeal should be expedited — where the appellants have proffered an undertaking as to damages — where the respondent is in immigration detention
Legislation: Migration Act 1958 (Cth) ss 36, 65, 501 Migration Regulations 1994 (Cth) cl 790.227 of Sch 2
Cases cited: BAL19 v Minister for Home Affairs [2019] FCA 2189 Mitolo Wines Aust Pty Ltd v Vito Mitolo & Son Pty Ltd (No 3) [2019] FCA 2116
Date of hearing: 4 May 2020
Registry: South Australia
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 24
Counsel for the Appellants: Mr P Herzfeld with Mr D Reynolds
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