Recent Cases

Minister for Immigration, Citizenship and Multicultural Affairs v Mzapc [2024] FCAFC 34 (18 March 2024) (Sarah C Derrington, Colvin and Jackson JJ)


Catchwords:


MIGRATION – application by Minister for leave to appeal against grant of interlocutory injunction restraining the removal of the respondent from Australia – where respondent has exhausted all avenues of review and appeal and does not contest that he is an unlawful non-citizen –where respondent has sought personal intervention of Minister under ss 195A and 417 of the Migration Act 1958 (Cth) – where some requests remain pending and others have not been referred to the Minister by officers acting in purported compliance with ultra vires Ministerial Instructions – where Minister’s powers are personal and non-compellable – whether respondent has a sufficient legal or equitable right sufficient to support an injunction – whether equitable relief sought by respondent impossible or futile

INJUNCTIONS – application by Minister for leave to appeal against grant of interlocutory injunction restraining the removal of the respondent from Australia – where injunction sought is in aid of maintenance of the status quo pending the speculative exercise of a personal, non-compellable power – whether equitable relief sought by respondent impossible or futile