Federal Court of Australia
Federal Court of Australia
AOZ23 v Commonwealth of Australia [2023] FCA 184 File number: VID 133 of 2023
Judgment of: SNADEN J
Date of judgment: 8 March 2023
Catchwords: MIGRATION – interlocutory application for urgent injunctive relief – where applicant seeks ministerial intervention pursuant to s 48B of the Migration Act 1958 (Cth) – where urgent injunctive relief sought to restrain respondents' removal of applicant from Australia – whether guidelines validly pertain to exercise of non-statutory power – whether decision to not refer applicant's request to the Minister vulnerable to relief on judicial review – whether prima facie case for relief established – whether balance of convenience favours injunctive relief – application granted
Legislation: Migration Act 1958 (Cth) ss 48A, 48B
Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 AZU19 v Commonwealth [2022] FCA 1495 Bullock v The Federated Furnishing Trades Society of Australasia (No 1) (1985) 5 FCR 464 Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2021) 288 FCR 23 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 O'Keefe Nominees Pty Ltd v BP Australia (No 2) (1995) 55 FCR 591 Perdaman Chemicals and Fertilisers Pty Ltd v The Griffin Coal Mining Company Pty Ltd [No 3] [2011] WASCA 203(S) Samsung Electronics Co Ltd v Apple Inc (2011) 217 FCR 238 The Owners – Strata Plan No 87231 v 3A Composites GmbH (No 4) [2020] FCA 1573
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