Federal Court of Australia
Federal Court of Australia
Erden v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1395 File number(s): VID 552 of 2021
Judgment of: THOMAS J
Date of judgment: 10 November 2021
Catchwords: MIGRATION – interlocutory application for release of applicant from immigration detention – where applicant's visa was mandatorily cancelled pursuant to s 501(3A) of the Migration Act 1958 (Cth) – whether s 196 of the Migration Act precludes the Court from granting interlocutory relief sought – whether scope of s 196 limited to applications for judicial review of visa cancellation decisions. Held: s 196(4) of the Migration Act precludes the Court from granting interlocutory relief sought – application dismissed.
Legislation: Migration Act 1958 (Cth): ss 13, 14, 189, 196, 501 Migration Amendment (Duration of Detention) Bill 2003 (Cth)
Cases cited: AFF20 v Minister for Home Affairs [2020] FCA 546 Applicant in WAD 230/2014 v Minister for Immigration & Border Protection [2014] FCA 1351 BHL19 v Commonwealth of Australia [2021] FCA 462 Burgess v Commonwealth (2020) 276 FCR 548 CZCV v Commonwealth of Australia [2020] FCA 1864 Durani v Minister for Immigration and Border Protection (2013) 223 FCR 391 Ongel v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 239
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
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