Federal Court of Australia
Federal Court of Australia
GMS24 v Commonwealth of Australia [2024] FCA 1025 File number(s): VID 879 of 2024
Judgment of: NESKOVCIN J
Date of judgment: 23 August 2024
Date of publication of reasons: 6 September 2024
Catchwords: MIGRATON – application for interlocutory injunction to prevent the Prospective Applicant's removal from Australia by the Prospective Second Respondent – where Prospective Applicant had made a request for ministerial intervention under s 46A(2) of the Migration Act 1958 (Cth) but no decision had been made by the Department whether to refer the request to the Minister – serious question to be tried – balance of convenience favours Prospective Applicant – injunction granted
Legislation: Migration Act 1958 (Cth) s 46A(1), 46A(2)
Cases cited: AOZ23 v Commonwealth of Australia [2023] FCA 1312 CPK20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 825 Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2021) 288 FCR 23; [2021] FCAFC 213 Plaintiff M61/2010E v Commonwealth of Australia (2010) 243 CLR 319; [2010] HCA 41 Samsung Electronics Company Limited v Apple Incorporated (2011) 217 FCR 238; [2011] FCAFC 156
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 16
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