Federal Court of Australia
Federal Court of Australia BXI23 v Minister for Immigration and Multicultural Affairs [2024] FCA 1251 File number: NSD 889 of 2023
Judgment of: YATES J
Date of judgment: 30 October 2024
Catchwords: MIGRATION – application for relief under s 39B of the Judiciary Act 1903 (Cth) – requests made for Ministerial intervention under s 48B of the Migration Act 1958 (Cth) – where the respondent accepts that decisions were made in excess of the executive power of the Commonwealth
Judiciary Act 1903 (Cth) s 39B Legislation: Migration Act 1958 (Cth) s 48B Federal Court Rules 2011 (Cth) r 4.12
Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 10; 408 ALR 381 Cases cited: Plaintiff M61/2010E v The Commonwealth of Australia [2010] HCA 41; 243 CLR 319 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Applicants S134/2002 [2003] HCA 1; 211 CLR 441
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 26
Date of last submission/s: 11 October 2024
Date of hearing: 15 December 2023
Counsel for the Applicant: Applicant appeared in person.
Counsel for the Respondent: Mr T Liu
Solicitor for the Respondent: Australian Government Solicitor
ORDERS NSD 889 of 2023
BETWEEN: BXI23 Applicant AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Respondent
order made by: YATES J DATE OF ORDER: 30 October 2024
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