DXO21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1656

Federal Court of Australia

DXO21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1656 File number: QUD 357 of 2021

Judgment of: LOGAN J

Date of judgment: 12 November 2021

Catchwords: MIGRATION – application for injunction to restrain the Minister from removing the applicant from the country – where injunction necessary to preserve status quo – where no question as to the power of the Court to grant such an injunction – injunction granted COSTS – application for costs in the cause by the applicant – where Minister could have offered an undertaking – where claim for interlocutory injunctive relief necessary – application granted

Legislation: Constitution ss 61, 64 Federal Court of Australia Act 1976 (Cth) ss 37M, 37N, 43 Migration Act 1958 (Cth) ss 36, 46A, 198

Cases cited: Alfred v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 457 Australian Broadcasting Commission v O'Neill (2006) 227 CLR 57 Australian Securities and Investments Commission v Krecichwost (2008) 72 NSWLR 498 Benson v Seven Network (Operations) Ltd [2015] SASC 185 Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 CPK20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 825 Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 791 His Eminence Metropolitan Petar, Diocesan Bishop of the Macedonian Orthodox Church of Australia and New Zealand v The Macedonian Orthodox Community Church St Petka Incorporated (No 2) [2007] NSWCA 142 Jabbour v Secretary, Department of Home Affairs (2019) 269 FCR 438 Kickers International SA v Paul Kettle Agencies Ltd & Anor [1990] FSR 436 Minister for Immigration and Citizenship v SZQRB (2013) 210 FCR 505