Federal Court of Australia
Federal Court of Australia
Marya v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 433 File number(s): VID 296 of 2023
Judgment of: ROFE J
Date of judgment: 8 May 2023
Catchwords: MIGRATION – interlocutory application to stop applicant's removal from Australia – where applicant in immigration detention – where no unresolved visa application or review proceedings exist – whether prima facie case for relief established – whether balance of convenience weighs in favour of injunctive relief – application dismissed
Legislation: Migration Act 1958 (Cth)
Cases cited: ABAR15 v Minister for Immigration and Border Protection [2016] FCA 363 Australian Broadcasting Authority v Lenah Game Meats Pty Ltd (2001) 208 CLR 199 Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 10 Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (1998) 195 CLR 1
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 29
Date of hearing: 4 May 2023
Counsel for the Applicant: The Applicant appeared in person
Counsel for the Respondent: Ms K McInnes
Solicitor for the Respondent: Sparke Helmore Lawyers
ORDERS VID 296 of 2023
BETWEEN: DIVEK MARYA Applicant
AND: MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS Respondent
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