Federal Court of Australia
Federal Court of Australia
AOZ23 v Commonwealth of Australia [2023] FCA 1312 File number(s): VID 866 of 2023
Judgment of: ROFE J
Date of judgment: 25 October 2023
Catchwords: MIGRATON – application for interlocutory injunction to prevent the applicant's removal from Australia by the second respondent – where applicant has made requests for the first respondent to exercise personal powers under s 48B of the Migration Act 1958 (Cth) but no decision has been made by the Department whether to refer the request to the Minister – whether grant of mandamus is available to compel officers to exercise non-statutory executive power – conflicting Federal Court authority – serious question to be tried and balance of convenience favours applicant – injunction granted.
Legislation: Migration Act 1958 (Cth)
Cases cited: BJM16 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 995 Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2023) 97 ALJR 214 Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2021) 288 FCR 23 Samsung Electronics Company Limited v Apple Incorporated (2011) 217 FCR 238 MZAPC v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 877 WKMZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2021) 285 FCR 463
Division: General Division
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