DSO18 v Minister for Home Affairs (No 3) [2020] FCA 640

FEDERAL COURT OF AUSTRALIA

DSO18 v Minister for Home Affairs (No 3) [2020] FCA 640 File number: QUD 384 of 2019

Judge: DERRINGTON J

Date of judgment: 1 May 2020

Catchwords: MIGRATION – suppression orders – application for interim orders – consideration of merits not required – orders made

Legislation: Federal Court of Australia Act 1976 (Cth), ss 37AF, 37AI Migration Act 1958 (Cth), s 91X

Cases cited: C7A/2017 v Minister for Immigration and Border Protection (No 2) [2020] FCAFC 70

Date of hearing: 1 May 2020

Date of last submissions: 1 May 2020

Registry: Queensland

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 12

Solicitor for the Appellant: Mr D Taylor of Sydney West Legal and Migration

Counsel for the Respondents: Mr J Byrnes

Solicitor for the Respondents: MinterEllison

ORDERS QUD 384 of 2019

BETWEEN: DSO18 Appellant

AND: MINISTER FOR HOME AFFAIRS First Respondent

IMMIGRATION ASSESSMENT AUTHORITY Second Respondent

JUDGE: DERRINGTON J DATE OF ORDER: 1 MAY 2020

THE COURT ORDERS THAT:

1. Pursuant to s 37AI of the Federal Court of Australia Act 1976 (Cth), the reasons for judgment in this appeal are to be supressed and the judgment is not to be further published until the further hearing of this matter on 18 May 2020. 2. By 4.00 pm on 7 May 2020 the appellant is to file and serve any further affidavit material on which it intends to rely and written submissions in relation to the hearing of the interlocutory application on 18 May 2020. 3. By 4.00 pm 14 May 2020 the respondent is to file and serve any further affidavit material on which they intend to rely and written submissions in relation to the hearing of the interlocutory application on 18 May 2020. 4. Costs of and incidental to this interim application be reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.