Federal Court of Australia
Federal Court of Australia
Pokrywka v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 712 Appeal from: Application for extension of time: Pokrywka v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1287
File number: WAD 167 of 2024
Judgment of: JACKSON J
Date of judgment: 2 July 2024
Date of publication of reasons: 3 July 2024
Catchwords: MIGRATION - interlocutory injunction to restrain removal of applicant from Australia - long delay in seeking to appeal - no serious case to be heard - request to Minister to exercise personal non-delegable power to grant visa - arguable duty of Secretary of Department of Home Affairs to refer such requests to the Minister - any such duty discharged - application for interlocutory injunction dismissed
Legislation: Migration Act 1958 (Cth) ss 195A, 351, 501CA
Cases cited: Coulton v Holcombe (1986) 162 CLR 1 Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 10 Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 213; (2021) 288 FCR 23 Sun v Minister for Immigration and Border Protection [2016] FCAFC 52; (2016) 243 FCR 220 Frigger v Trenfield [2019] FCA 1746 HBMH v Commonwealth of Australia [2023] FCA 1527 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588
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