ASE24 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 173

Federal Court of Australia

ASE24 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 173 Appeal from: ASE24 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 152

File number(s): QUD 109 of 2024

Judgment of: MEAGHER J

Date of judgment: 1 March 2024

Catchwords: MIGRATION - Urgent interlocutory application for temporary stay on removal from Australia pending appeal - Whether the appellant has made out a serious issue to be tried - Whether a reasonably arguable prospect of success on appeal – Application dismissed

Legislation: Migration Act 1958 (Cth) ss 166(1)(a), 172(1)(a)(ii), 198

Cases cited: ASE24 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 152 Bethell v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 756 Cook's Construction Pty Ltd v Stork Food Systems Australasia Pty Ltd [2008] QCA 322

Division: General Division

Registry: Queensland

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 23

Date of hearing: 1 March 2024

Solicitor for the Appellant: The appellant was represented by a McKenzie friend

Counsel for the Respondent: Mr D Brown

Solicitor for the Respondent: Australian Government Solicitor

ORDERS QUD 109 of 2024

BETWEEN: AES24 Appellant

AND: MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS Respondent

order made by: MEAGHER J DATE OF ORDER: 1 MARCH 2024

THE COURT ORDERS THAT:

1. The application for the interlocutory injunction contained in paragraph 1 of the orders sought in the Notice of Appeal is refused. 2. Costs be in the cause. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.