BLO17 v Minister for Immigration and Border Protection [2017] FCA 463

BLO17 v Minister for Immigration and Border Protection [2017] FCA 463

No basis has been advanced that undermines the primary judge's view; the parents wish their children to remain in Australia and there is no substantial injustice. The application to vary or discharge the orders is dismissed.

Jurisdiction
Australia
Judgment Date
01 May 2017
Procedural Posture
Application to Vary or Discharge Orders / Heard and Determined at First Instance Upon Oral Application
Outcome
Application dismissed with costs.
Legal Topics
['deportation' 'interlocutory Injunctions' 'family Unity in Deportation' 'urgent Applications']
['migration Law' 'administrative Law'] ['deportation' 'interlocutory Injunctions' 'family Unity in Deportation' 'urgent Applications']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application to Vary or Discharge Orders / Heard and Determined at First Instance Upon Oral Application

Legal Issues

  1. 1 ['Whether there was a basis to vary or discharge the Federal Circuit Court orders refusing injunction against deportation' "Whether the treatment of the applicant parents' Australian citizen children changed the balance of convenience or justice"]

Ratio Decidendi

No basis has been advanced that undermines the primary judge's view; the parents wish their children to remain in Australia and there is no substantial injustice. The application to vary or discharge the orders is dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed with costs.']