FGS20 v Minister for Home Affairs [2021] FCA 874

FGS20 v Minister for Home Affairs [2021] FCA 874

The applicants did not establish a prima facie case for the interlocutory relief sought. While there were significant considerations as to balance of convenience, there was insufficient evidence or clear legal basis for the mandatory injunction requiring administrative assistance or evacuation. Interlocutory relief is refused, and costs are ordered against the first and second applicants.

Parties
First Applicant: FGS20; Second Applicant: CGP21; Third Applicant: CGQ21; Fourth Applicant: CGR21; Fifth Applicant: CGS21; Sixth Applicant: CGT21; First Respondent: Minister for Home Affairs; Second Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Third Respondent: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
23 July 2021
Procedural Posture
Urgent Interlocutory Relief, Summary Dismissal Application in Civil Proceedings / Interlocutory Hearing, Orders Made Refusing Relief; Summary Dismissal Application Stood Over
Outcome
Interlocutory relief refused; summary dismissal stood over; costs awarded to respondents against first and second applicants
Legal Topics
Interlocutory Injunctions, Summary Dismissal, Detention of Non Citizens, Duties of Care of Commonwealth in Migration Detention, Evacuation and Administrative Assistance Claims
Migration Law Administrative Law Interlocutory Injunctions Summary Dismissal Detention of Non Citizens Duties of Care of Commonwealth in Migration Detention Evacuation and Administrative Assistance Claims

Case Brief

Summary, issues, holding and outcome

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Parties

FGS20

First Applicant

CGP21

Second Applicant

CGQ21

Third Applicant

CGR21

Fourth Applicant

CGS21

Fifth Applicant

CGT21

Sixth Applicant

Minister for Home Affairs

First Respondent

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

Second Respondent

Commonwealth of Australia

Third Respondent

Procedural Posture

Urgent Interlocutory Relief, Summary Dismissal Application in Civil Proceedings / Interlocutory Hearing, Orders Made Refusing Relief; Summary Dismissal Application Stood Over

Legal Issues

  1. 1 Whether applicants established a prima facie case for interlocutory relief to require administrative assistance and evacuation of applicants' family from Afghanistan
  2. 2 Whether respondents owed a duty of care to facilitate removal or limit detention of the first applicant, and to protect family unit
  3. 3 Whether summary dismissal is appropriate on the basis of no reasonable prospect of success

Ratio Decidendi

The applicants did not establish a prima facie case for the interlocutory relief sought. While there were significant considerations as to balance of convenience, there was insufficient evidence or clear legal basis for the mandatory injunction requiring administrative assistance or evacuation. Interlocutory relief is refused, and costs are ordered against the first and second applicants.

Court Disposition

Interlocutory relief refused; summary dismissal stood over; costs awarded to respondents against first and second applicants

Orders

  • The interlocutory relief sought in the applicants' originating application is refused.
  • The first and second applicants pay the respondents' costs of today.