Federal Court of Australia
Federal Court of Australia
Perumal v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1327 Review of: Perumal v Minister for Immigration, Citizenship and Multicultural Affairs (Administrative Appeals Tribunal, No. 2023/1108, 9 March 2023)
File number: WAD 264 of 2023
Judgment of: FEUTRILL J
Date of judgment: 27 October 2023
Date of publication of reasons: 3 November 2023
Catchwords: PRACTICE AND PROCEDURE – application for interlocutory injunction to prevent removal of applicant from Australia pending resolution of proceedings – whether there is a serious question to be tried – whether the balance of convenience favours restraint
Legislation: Constitution s 51(xxxi) Administrative Appeals Tribunal Act 1975 (Cth) s 42A(4) Federal Court of Australia Act 1976 (Cth) s 23 Migration Act 1958 (Cth) ss 5AB, 189(1), 196, 198, 198(2B), 198(2B)(c)(ii), 200, 476, 476A, 477A, 500(1)(ba), 500(6B), 501(3A), 501(6)(a), 501(7)(c), 501CA(3), 501CA(3)(b), 501CA(4), 501G Migration Amendment (Aggregate Sentences) Act 2023 (Cth) Sch 1, item 4
Cases cited: CPK20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 825 Pearson v Minister for Home Affairs [2022] FCAFC 203; (2022) 295 FCR 177 SZTZM v Minister for Immigration and Border Protection [2017] FCA 534 Tapiki v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 167
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