McRoy v Minister for Home Affairs (No 2) [2021] FCA 538

Federal Court of Australia

McRoy v Minister for Home Affairs (No 2) [2021] FCA 538 File number: QUD 132 of 2021

Judgment of: LOGAN J

Date of judgment: 28 April 2021

Catchwords: MIGRATION – where interim injunction granted earlier that day – whether to grant further interlocutory injunction pending determination of extension of time application under s 477A of the Migration Act 1958 (Cth) – where prospective merits not hopeless – injunction granted

Legislation: Migration Act 1958 (Cth) s 477A

Cases cited: McRoy v Minister for Home Affairs [2021] FCA 537

Division: General Division

Registry: Queensland

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 21

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. Pending the hearing and determination of the application, or further earlier order, the respondent whether by his officers, servants or agents, or otherwise be restrained from deporting the applicant, James Daniel McRoy, from Australia. 2. The application be heard on 11 June 2021 at 10.15am, or such other date as the court may appoint after consultation with the parties. The hearing is to be by appearance in person, unless otherwise ordered by the court. Submissions in the hearing of the extension of time application are to be treated as submissions in respect of any judicial review application, to the end of any such judicial review application being determined instanter if an extension of time be granted. 3. The applicant file and serve such amended application, if any, on or before 12 May 2021. 4. The respondent file and serve such affidavit, if any, as he may be advised on or before 19 May 2021. 5. The applicant file and serve an outline of submissions of not more than 10 pages on or before 28 May 2021. 6. The respondent file and serve an outline of submissions of not more than 10 pages on or before 8 June 2021. 7. Liberty to apply. 8. Costs reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.