NWWJ v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 32

Federal Court of Australia

NWWJ v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 32 File number: WAD 12 of 2024

Judgment of: JACKSON J

Date of judgment: 22 January 2024

Date of publication of reasons: 30 January 2024

Catchwords: MIGRATION - application for interlocutory injunction to prevent the applicant's removal from Australia - application for special leave to appeal to the High Court concerning criminal conviction that led to cancellation of visa - no serious question to be tried as to entitlement to relief - balance of convenience does not favour granting injunction - application dismissed

Legislation: Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 48A, 198, 476, 476A, 501, 501CA Federal Court Rules 2011 (Cth) r 7.01

Cases cited: Australian Broadcasting Corporation v O'Neill [2006] HCA 46; (2006) 227 CLR 57 BJT21 v Minister for Home Affairs (No 2) [2022] FCA 24 Chamoun v Commonwealth of Australia [2021] FCA 740 M38/2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 131; (2003) 131 FCR 146 McHugh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2020) 283 FCR 602; [2020] FCAFC 223 Minister for Immigration and Border Protection v SZSSJ [2016] HCA 29; (2016) 259 CLR 180 Mokhlis v Minister for Home Affairs [2020] HCA 30 NWWJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 176 NWWJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] HCASL 218 NWWJ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 361 NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37