CHV20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1206

Federal Court of Australia

CHV20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1206 Appeal from: CHV20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 721

File number: NSD 987 of 2023

Judgment of: BROMWICH J

Date of judgment: 25 September 2023

Date of publication of reasons: 9 October 2023

Catchwords: PRACTICE AND PROCEDURE – interlocutory injunction – application to prevent removal from Australia – where the applicant is seeking an extension of time and leave to appeal from a decision of a judge of Division 2 of the Federal Circuit and Family Court of Australia – whether applicant has demonstrated that he has a reasonably arguable case for the grant of leave to appeal – whether the balance of convenience favours the refusal of an injunction – whether the applicant has established any improper purpose behind the removal decision – Held: no arguable case and balance of convenience against injunctive relief – application dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) s 24(1C) Migration Act 1958 (Cth) ss 189(1), 196(1)(a), 198, 198(6), 501(1)

Cases cited: CHV20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 721 Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 10; 408 ALR 381 MZAPC v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 989 MZAPC v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 877

Division: General Division