Re The Minister for Immigration and Multicultural Affairs; Ex parte Fejzullahu [2000] HCA 23

HIGH COURT OF AUSTRALIA

GLEESON CJ

RE THE MINISTER FOR IMMIGRATION

AND MULTICULTURAL AFFAIRS RESPONDENT

EX PARTE MEVLUD FEJZULLAHU & ORS PROSECUTORS

AND TWENTY-TWO RELATED MATTERS

Re The Minister for Immigration and Multicultural Affairs;

Ex parte Fejzullahu [2000] HCA 23

10 April 2000

S51-S73/2000

ORDER

In the case of each summons, the application is dismissed with costs.

Representation:

R R S Tracey QC with G A Mowbray for the respondent (instructed by Australian Government Solicitor)

A M Flower for the prosecutors (instructed by Basil Nuredini Barristers & Solicitors)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

1. GLEESON CJ. Twenty-three summonses seeking urgent injunctive relief were filed in the Sydney registry of the Court at about midday on Friday 7 April 2000. By consent, they were made returnable at 2.15 pm on the same day. The applicants sought to restrain the respondent, the Minister for Immigration and Multicultural Affairs ("the Minister"), until further order, from taking steps to remove them from Australia. The reason for the urgency will appear below. The application was fully argued. Argument concluded at about 5.15 pm on 7 April. I reserved my decision until today. The Minister undertook not to take any steps to remove the applicants in the meantime. 2. Each of the applicants for injunctive relief is a Kosovar of Yugoslav nationality. There are 81 applicants[1]. They have, between them, issued 23 summonses. It is immaterial to examine the basis upon which they have been arranged in groups for that purpose. Each summons seeks interlocutory relief in the context of proceedings brought against the Minister pursuant to s 75(v) of the Constitution ("the principal proceedings").