Federal Court of Australia
Federal Court of Australia
AUR23 v Commonwealth of Australia [2023] FCA 1394 File number(s): VID 932 of 2023
Judgment of: HESPE J
Date of judgment: 10 November 2023
Catchwords: MIGRATION – application for interlocutory injunction to prevent the applicant's removal from Australia – where applicant has made a request for the Minister to exercise powers under ss 46A and 48B of the Migration Act 1958 (Cth) but the request has not been referred to the Minister – prima facie case and balance of convenience
Legislation: Migration Act 1958 (Cth) ss 46A, 48A, 48B, 198,
Cases cited: AOZ23 v Commonwealth of Australia [2023] FCA 1312 ASU22 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1326 BJM16 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 995 Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 213; (2021) 288 FCR 23 Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 10; (2023) 97 ALJR 214 Marya v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 433 MZAPC v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 877 NAIS v Minister for Immigration & Multicultural & Indigenous Affairs [2005] HCA 77; (2005) 228 CLR 470 Samsung Electronics Company Limited v Apple Incorporated [2011] FCAFC 156; (2011) 217 FCR 238
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