ASE24 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 152

Federal Court of Australia

ASE24 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 152 File number(s): QUD 89 of 2024

Judgment of: COLLIER J

Date of judgment: 28 February 2024

Catchwords: MIGRATION – application for temporary stay on removal from Australia – where interlocutory relief same as relief sought in originating application – section 198 Migration Act 1958 (Cth) – whether removal "reasonably practicable" – where decision of Administrative Appeals Tribunal refusing protection visa not challenged – where applicant sought voluntary removal to a third country – where third country cancelled entry visa prior to removal from Australia – whether reasons given within meaning of Administrative Decisions (Judicial Review) Act 1977 (Cth)

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 3, 5, 13 Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 36, 91R, 172, 197C, 198

Cases cited: ABAR15 v Minister for Immigration and Border Protection [2016] FCA 363 BBY21 v Minister for Immigration and Citizenship and Multicultural Affairs [2023] FCA 1567 BBY21 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 31 BHL19 v Commonwealth of Australia (No 2) [2022] FCA 313 M38/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 131 Minister for Immigration and Citizenship v SZQRB [2013] FCAFC 33 Plaintiff M70/2011 V Minister for Immigration and Citizenship [2011] HCA 32 SZRCJ v Minister for Immigration and Citizenship [2012] FMCA 605