Federal Court of Australia
Federal Court of Australia
AZU19 v Commonwealth of Australia [2022] FCA 1495 File number(s): VID 742 of 2022
Judgment of: KENNY J
Date of judgment: 14 December 2022
Catchwords: MIGRATION – application for urgent injunctive relief to prevent removal from Australia – whether injunction should be granted
Legislation: Migration Act 1958 (Cth)
Cases cited: Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 213; 288 FCR 23 Ocean Dynamics Charter Pty Ltd v Hamilton island Enterprises Limited [2015] FCA 460 Samsung Electronics Co Ltd v Apple Inc [2011] FCAFC 156; 217 FCR 238
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 17
Date of hearing: 14 December 2022
Counsel for the Applicant: M Guo
Solicitor for the Applicant: Hall & Wilcox
Solicitor for the Respondents K Sypott of Australian Government Solicitor
ORDERS VID 742 of 2022
BETWEEN: AZU19 Applicant
AND: COMMONWEALTH OF AUSTRALIA First Respondent
MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS Second Respondent
order made by: KENNY J DATE OF ORDER: 14 DECEMBER 2022
NOTING the undertakings given by Mr Min Guo, counsel for AZU19, to the Court today,
THE COURT ORDERS THAT:
1. Until further order, the Commonwealth of Australia and the Minister for Immigration, Citizenship and Multicultural Affairs (including by their officers, delegates or servants and agents) be restrained from removing the person identified as AZU19 from Australia. 2. By 4:30 pm on 28 December 2022, AZU19 file a proceeding for judicial review as outlined in the affidavit of Andrea Main affirmed on 13 December 2022 and paragraphs 14 -19 of the written submissions filed today on behalf of AZU19. 3. The matter be listed for hearing for one day in March 2023 on any date other than 6-8, 16-17 and 27 March 2023. 4. There be liberty to apply on 48 hours' notice. 5. The respondents pay AZU19's costs of and incidental to today. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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