Federal Court of Australia
Federal Court of Australia
ASU22 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1326 File number(s): NSD 1179 of 2023
Judgment of: WIGNEY J
Date of judgment: 18 October 2023
Date of publication: 31 October 2023
Catchwords: MIGRATION – application for injunctive relief under s 39B of the Judiciary Act 1903 (Cth) restraining removal of applicant from Australia – where application for protection visa refused – where refusal upheld by Administrative Appeals Tribunal and judicial review – where s 198(6) of the Migration Act 1958 (Cth) obliged the Minister to remove the applicant from Australia – where applicant made s 48B request for Ministerial intervention – whether s 198(6) duty is subject to performance of Minister's s 48B powers – no basis for injunctive relief found – application dismissed
Legislation: Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 48B, 198(6) Federal Court Rules 2011 (Cth)
Cases cited: ASU22 v Minister for Immigration, Citizenship & Multicultural Affairs [2023] FCA 927 ASU22 v Minister for Immigration, Citizenship & Multicultural Affairs [2023] FedCFamC2G 938 ASU22 v Minister for Immigration, Citizenship & Multicultural Affairs [2022] FedCFamC2G 654 BJM16 v Minister for Immigration, Citizenship & Multicultural Affairs [2023] FCA 995
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 36
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