Federal Court of Australia
Federal Court of Australia
BXI23 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 942 Appeal from: BXI23 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 660
File number: NSD 772 of 2023
Judgment of: RARES J
Date of judgment: 4 August 2023
Catchwords: MIGRATION – application for leave to appeal refusal of interlocutory injunction – where applicant applied to restrain Minister from removing unlawful non-citizen from Australia – whether applicant established prima facie case of sufficient probability of obtaining relief at trial – where no practical benefit in obtaining extension of time under s 477 of Migration Act 1958 (Cth) and setting aside cancellation of student visa that would already have expired since cancellation or refusal of bridging visa to enable such challenge – Held: application dismissed
Legislation: Constitution s 75(v) Federal Court of Australia Act 1976 (Cth) s 24(1A) Migration Act 1958 (Cth) ss 476, 477
Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Bienstein v Bienstein (2003) 195 ALR 225 BXI23 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 660 SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609 The King v Commonwealth Court of Conciliation and Arbitration; Ex parte Ozone Theatres (Aust.) Ltd (1949) 78 CLR 389
Division: General Division
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