Federal Court of Australia
Federal Court of Australia
Merriman v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 834 Appeal from: Application for leave to appeal: Merriman v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FedCFamC2G 622
File number: WAD 183 of 2024
Judgment of: JACKSON J
Date of judgment: 30 July 2024
Catchwords: PRACTICE AND PROCEDURE - application for extension of injunction - application withdrawn shortly before judgment delivered - dispute over costs - publication of reasons appropriate in connection with costs dispute PRACTICE AND PROCEDURE - interlocutory injunction - best interests of applicant's partner's children - serious question to be heard but case not strong - judicial review application likely to be futile unless another visa is granted - balance of convenience does not favour granting injunction - application for extension of injunction dismissed MIGRATION - application in the Federal Circuit and Family Court of Australia (Div 2) for judicial review of decision to cancel eVisitor visa - argument that delegate fell into jurisdictional error not strong
Legislation: Migration Act 1958 (Cth) s 195A Migration Regulations 1994 (Cth) reg 2.03, Schedule 2 item 651.214, Schedule 5 item 5002
Cases cited: CPK20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 825 Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 EEI20 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1071 Films Rover International Ltd v Cannon Film Sales Ltd [1987] 1 WLR 670 Frigger v Trenfield [2019] FCA 1746 Hub Street Equipment Pty Ltd v Energy City Qatar Holding Company [2021] FCAFC 110; (2021) 290 FCR 110 House v The King (1936) 55 CLR 499 Ismail v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 2 Minister for Immigration and Border Protection v Srouji [2014] FCA 50 Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 Minister for Immigration, Citizenship and Multicultural Affairs v MZAPC [2024] FCAFC 34 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Moorcroft [2021] HCA 19; (2021) 273 CLR 21 MZAPC v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 877 Nichols v NFS Agribusiness Pty Ltd [2018] NSWCA 84; (2018) 97 NSWLR 681 Paringa Mining & Exploration Co plc v North Flinders Mines Ltd (1988) 165 CLR 452 Re Will of FB Gilbert (dec.) (1946) 46 SR (NSW) 318 Uelese v Minister for Immigration and Border Protection [2015] HCA 15; (2015) 256 CLR 203
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