ELM21 v Minister for Home Affairs [2021] FCA 1604

FEDERAL COURT OF AUSTRALIA

ELM21 v Minister for Home Affairs [2021] FCA 1604 File numbers: NSD 1261 of 2021 NSD 1262 of 2021

Judgment of: MURPHY J

Date of judgment: 18 November 2021

Catchwords: PRACTICE AND PROCEDURE – applications for an interlocutory injunction to prevent the applicant's removal from Australia pending determination of proceedings in the High Court and the Federal Court – provision of an undertaking not to remove the applicant pending determination of proceedings – proceedings determined – applications dismissed ADMINISTRATIVE LAW – application for judicial review of decision of the Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs that an Interim Measures Request made by the United Nations Office of the High Commissioner for Human Rights and the Committee Against Torture is unwarranted – whether the Court has jurisdiction to enforce obligations under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment – whether the Acting Minister's decision is affected by jurisdictional error – whether the decision shows legal unreasonableness on the basis of faulty reasoning in the recommendation to the Acting Minister – whether the decision is affected by apprehended bias or actual bias in the recommendation – whether the decision is affected by jurisdictional error on the basis that the applicant was not afforded procedural fairness – whether the decision is affected by jurisdictional error because the recommendation to the Acting Minister failed to consider the evidence – application dismissed