Federal Court of Australia
Federal Court of Australia
Shi v Commonwealth of Australia [2024] FCA 231 File number: NSD 249 of 2024
Judgment of: KATZMANN J
Date of judgment: 8 March 2024
Catchwords: MIGRATION — application for injunctive relief under s 39B of Judiciary Act 1903 (Cth) to restrain removal of applicant from Australia — where applicant's visa cancelled under s 501(3A) of Migration Act 1958 (Cth), Minister declined to revoke cancellation decision, Administrative Tribunal affirmed Minister's decision and judicial review unsuccessful – where application for protection visa refused – where applicant made request for Ministerial intervention under s 195A or s 417 of Migration Act but Minister has not decided whether he will or will not consider granting applicant a visa – where s 198(6) requires applicant to be removed as soon as reasonable practicable – where permit to enter country of nationality has been issued and applicant assessed as fit to travel – whether request for Ministerial intervention means removal "not reasonably practicable" and duty imposed by s 198(6) suspended until Minister's consideration has been completed
Legislation: Migration Act 1958 (Cth) ss 48B(1), 189(1), 195A, 197AB, 198(6), 417, 501(3A), 501(7)(c) Judiciary Act 1903 (Cth) s 39B
Cases cited: AOZ23 v Commonwealth of Australia [2023] FCA 814 ASU22 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1326 Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 BJM16 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 995 BJM16 v Minister for Immigration, Citizenship and Multicultural Affairs & Anor [2023] HCASL 204 Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2021) 288 FCR 23 HBMH v Commonwealth of Australia (No 2) [2024] FCA 8 Minister for Immigration and Border Protection v SZSSJ (2016) 259 CLR 180 MZAPC v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 877 Plaintiff M168/10 v Commonwealth of Australia [2011] HCA 25; 85 ALJR 790; 279 ALR 1; 122 ALD 1 Shi v Minister for Home Affairs [2022] FCA 708 Shi v Minister for Home Affairs [2023] FCAFC 136 WKMZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2021) 285 FCR 463
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