CHS19 v Minister for Home Affairs [2021] FCA 895

Federal Court of Australia

CHS19 v Minister for Home Affairs [2021] FCA 895 File number: WAD 78 of 2021

Judgment of: MCKERRACHER J

Date of judgment: 4 August 2021

Catchwords: MIGRATION – application for urgent injunctive relief restraining removal to the applicant's receiving country (Taiwan) – where the applicant instead seeks removal to Hong Kong due to fears of harm if returned to Taiwan – where applicant's protection visa application has been refused and all avenues of merits review, judicial review and appeal have been exhausted – no proper basis to order injunctive relief

Legislation: Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa), 177, 181(3)(a), 198(6)

Cases cited: CHS19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 146

Division: General Division

Registry: Western Australia

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 18

Date of hearing: 16 June 2021

Counsel for the Applicant: The applicant appeared in person

Counsel for the Respondent: Mr PR Macliver

Solicitor for the Respondent: Australian Government Solicitor

ORDERS WAD 78 of 2021

BETWEEN: CHS19 Applicant

AND: MINISTER FOR HOME AFFAIRS Respondent

order made by: MCKERRACHER J DATE OF ORDER: 4 August 2021

THE COURT ORDERS THAT:

1. The application be dismissed. 2. The applicant pay the respondent's costs, to be assessed if not agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

MCKERRACHER J:

INTRODUCTION 1 By urgent application before the start of a proceeding dated 7 April 2021, the applicant seeks the granting of an injunction to prohibit his removal from Australia to Taiwan (Republic of China) by officers of the Department of Home Affairs under the direction of the Minister. He seeks instead to be removed from Australia to Hong Kong. 2 For the following reasons, there is no basis to grant such relief.