Bethell v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 756

Federal Court of Australia

Bethell v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 756 File number: QUD 191 of 2021

Judgment of: WHITE J

Date of judgment: 21 June 2021

Catchwords: MIGRATION – urgent interlocutory application seeking orders preventing the removal of the applicant from Australia pending the hearing and determination of his appeal against a judgment dismissing an application for habeas corpus – whether the applicant has made out a serious issue to be tried – whether a reasonably arguable prospect of success on appeal – balance of convenience – application dismissed.

Legislation: Federal Court of Australia Act 1976 (Cth) s 43(2) Migration Act 1958 (Cth) ss 133C, 133F, 189, 196, 198 Federal Court Rules 2011 (Cth) r 36.08

Cases cited: AJL20 v Commonwealth of Australia [2020] FCA 1305 Alexander v Cambridge Credit Corp Ltd (Receivers Appointed) (1985) 2 NSWLR 685 Bethell v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 661 Citrus Queensland Pty Ltd v Sun State Orchards Pty Ltd [2008] FCA 1867 Cook's Construction Pty Ltd v Stork Food Systems Australasia Pty Ltd [2008] QCA 322; [2008] 2 Qd R 453 Esco Corporation v PAC Mining Pty Ltd [2008] FCA 1018 J by his litigation guardian Vardanega v Australian Capital Territory (No 2) [2011] ACTSC 36 McHugh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2020) 385 ALR 405 Minister for Immigration and Multicultural and Indigenous Affairs v Al Masri (2003) 126 FCR 54 Power Flex Services Pty Ltd v Data Access Corporation (1996) 137 ALR 498 Re Middle Harbour Investments Ltd (in liq) (CA (NSW), 15 December 1976, unreported) Samsung Electronics Company Limited v Apple Inc [2011] FCAFC 156; (2011) 217 FCR 238 Tran v Commonwealth of Australia [2021] FCA 580