Federal Court of Australia
Federal Court of Australia
McRoy v Minister for Home Affairs [2021] FCA 537 File number: QUD 132 of 2021
Judgment of: LOGAN J
Date of judgment: 28 April 2021
Catchwords: MIGRATION – where applicant is imminently to be deported – where interim injunction necessary to preserve a status quo – where no question as to the power of the Court to grant such an injunction – injunction granted
Legislation: Federal Court of Australia Act 1976 (Cth) s 23 Migration Act 1958 (Cth) s 501
Cases cited: Jackson v Sterling Industries Ltd (1987) 162 CLR 612
Division: General Division
Registry: Queensland
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 7
Date of hearing: 28 April 2021
Solicitor for the Applicant: Queensland Criminal Law Solicitors
Counsel for the Respondent: Mr JD Byrnes
Solicitor for the Respondent: Sparke Helmore
ORDERS QUD 132 of 2021
BETWEEN: JAMES DANIEL MCROY Applicant
AND: MINISTER FOR HOME AFFAIRS Respondent
order made by: LOGAN J DATE OF ORDER: 28 APRIL 2021
THE COURT ORDERS THAT:
1. Until the close of business on 29 April 2021 or further earlier order, the respondent (Minister) whether by his officers, servants or agents, or otherwise be restrained from deporting the applicant, James Daniel McRoy, from Australia. 2. Pending the hearing and determination of the interlocutory injunction application, the Minister continue the detention of the applicant under the Migration Act 1958 (Cth) in Brisbane at the Brisbane Immigration Transit Accommodation or such other place as the Court may appoint. 3. The hearing of the application for an interlocutory injunction is adjourned until not before 11.00am on 28 April 2021. 4. This order be entered forthwith. 5. The Minister be deemed to have been served with this Order by its having been pronounced orally in Court in the presence of his solicitors. 6. The solicitors for the Minister forthwith communicate this Order to the Minister. 7. The Minister forthwith take steps to ensure officers of his department, servants and agents are made aware of the terms of this Order. 8. Liberty to apply. 9. Costs reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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