CPK20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 825

FEDERAL COURT OF AUSTRALIA

CPK20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 825 File number: VID 378 of 2020

Judge: MORTIMER J

Date of judgment: 12 June 2020

Catchwords: PRACTICE AND PROCEDURE – application for interlocutory injunction restraining removal of applicant from Australia – where applicant requested ministerial intervention in relation to visa cancellation under s 351 of the Migration Act 1958 (Cth) – where request not referred to Minister by departmental officer – whether departmental officer's determination not to refer applicant's request legally unreasonable – application dismissed

Legislation: Federal Court of Australia Act 1976 (Cth ) s 23 Migration Act 1958 (Cth) ss 91X, 195A, 198, 351, 417

Cases cited: Alfred v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 457 Businessworld Computers Pty Ltd v Australian Telecommunications Commission [1988] FCA 206; 82 ALR 499 EHW18 v Minister for Home Affairs [2018] FCA 1350; 262 FCR 27 Films Rover International Ltd v Cannon Film Sales Ltd [1986] 3 All ER 772 FRM17 v Minister for Home Affairs [2019] FCAFC 148 GLD18 v Minister for Home Affairs [2020] FCAFC 2 Jabbour v Secretary, Department of Home Affairs [2019] FCA 452; 269 FCR 438 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration, Local Government and Ethnic Affairs v Msilanga [1992] FCA 41; 34 FCR 169 Plaintiff S10/2011 v Minister for Immigration and Citizenship [2012] HCA 31; 246 CLR 636 Tait v The Queen [1962] HCA 57; 108 CLR 620 XAD by her Litigation Guardian XAE v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1550