Minister for Immigration and Multicultural Affairs & Ors v. MZAPC
Case No.
Case no P21/2024
Case Information
Lower Court Judgment
18/03/2024 Federal Court of Australia (SC Derrington, Colvin & Jackson JJ)
Catchwords
Immigration – Duty to remove unlawful citizen as soon as reasonably practicable – Personal and non-compellable powers of Minister – Where respondent's visa cancelled in November 2015 – Where respondent in immigration detention and exhausted all rights of review and appeal in relation to his immigration status – Where primary judge made orders restraining appellants from performing duty imposed by s 198(6) of Migration Act 1958 (Cth) ("Act") to remove respondent from Australia as soon as reasonably practicable – Where primary judge concluded following this Court's decision in Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 10, serious question to be tried as to whether officers of Department had, acting beyond power, made assessments of respondent’s circumstances against ministerial guidelines concerning referral of cases to Minister for personal consideration under ss 195A and 417 of Act – Where Full Court majority upheld primary judge's decision – Whether Full Court erred concluding primary judge had power to grant interlocutory injunction restraining respondent’s removal from Australia.
Practice and procedure – Interlocutory injunction restraining removal from Australia – Serious question to be tried.
Documents
09/05/2024 Determination
16/05/2024 Notice of appeal
30/05/2024 Notice of Contention (Respondent)
30/05/2024 Notice of Constitutional Matter (Respondent)
13/06/2024 Written submissions (Appellants and Attorney-General of the Commonwealth of Australia, intervening)
13/06/2024 Chronology (Appellant)
11/07/2024 Written submissions (Respondent)
17/07/2024 Application to amend Notice of Contention (Respondent)
18/07/2024 Reply
13/08/2024 Hearing (Full Court, Adelaide)
13/08/2024 Outline of oral argument (Appellants and Attorney-General of the Commonwealth of Australia, intervening)
13/08/2024 Outline of oral argument (Respondent)
12/09/2024 Further written submissions (Respondent)
10/10/2024 Further written submissions (Appellants and Attorney-General of the Commonwealth of Australia, intervening)
24/10/2024 Further reply (Respondent)
13/11/2024 Hearing (Full Court, Canberra) (Audio-visual recording)
13/11/2024 Outline of oral argument (Appellants and Attorney-General of the Commonwealth of Australia, intervening)
13/11/2024 Outline of oral argument (Respondent)
05/03/2025 Judgment (Judgment summary)