Federal Court of Australia
Federal Court of Australia
Mukhtar v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1497 File number: NSD 1817 of 2024
Judgment of: KENNETT J
Date of judgment: 17 December 2024
Date of publication of reasons: 19 December 2024
Catchwords: PRACTICE AND PROCEDURE – application for interlocutory injunction – where applicant has lived in Australia for over 20 years – where applicant's permanent visa cancelled by Minister – where applicant's removal imminent – where applicant claims Administrative Appeals Tribunal denied him procedural fairness – where applicant requires extension of time to bring proceeding – whether real issue to be tried – whether balance of convenience favours the grant of an injunction restraining the Minister from removing applicant from Australia
Legislation: Migration Act 1958 (Cth) ss 477A, 501, 501CA
Cases cited: Nguyen v Minister for Immigration and Multicultural Affairs [2000] FCA 1265; 101 FCR 20
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 18
Date of hearing: 17 December 2024
Counsel for the applicant: The applicant appeared in person
Counsel for the respondents: G Gutmann (solicitor)
Solicitor for the respondents: MinterEllison
ORDERS NSD 1817 of 2024
BETWEEN: ALI MUKHTAR Applicant
AND: MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
order made by: KENNETT J DATE OF ORDER: 17 DECEMBER 2024
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