Applicants NADN & NADO v Minister for Immigration & Multicultural Affairs [2001] FCA 1896

Applicants NADN & NADO v Minister for Immigration & Multicultural Affairs [2001] FCA 1896

There is not a serious issue to be tried as to whether it is not reasonably practicable to remove the applicants: evidence supports that Applicant NADN is medically fit for travel, and removal of Applicant NADO is not imminent with travel documentation in process. Thus, interlocutory relief is declined.

Jurisdiction
Australia
Judgment Date
21 December 2001
Procedural Posture
Judicial Review/interlocutory Application / Interlocutory Relief Application and Dismissal
Outcome
Interlocutory relief declined; in proceeding N 1670 of 2001 substantive application also dismissed; both proceedings stood over as to costs.
Legal Topics
['interlocutory Injunctions' 'removal of Unlawful Non Citizens' 'reasonable Practicability Under S 198 Migration Act']
['immigration Law'] ['interlocutory Injunctions' 'removal of Unlawful Non Citizens' 'reasonable Practicability Under S 198 Migration Act']

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Procedural Posture

Judicial Review/interlocutory Application / Interlocutory Relief Application and Dismissal

Legal Issues

  1. 1 ["Whether it is 'reasonably practicable' to remove the applicants from Australia under s 198 of the Migration Act 1958 (Cth)" 'Whether interlocutory relief (injunction restraining removal) should be granted']

Ratio Decidendi

There is not a serious issue to be tried as to whether it is not reasonably practicable to remove the applicants: evidence supports that Applicant NADN is medically fit for travel, and removal of Applicant NADO is not imminent with travel documentation in process. Thus, interlocutory relief is declined.

Court Disposition

Interlocutory relief declined; in proceeding N 1670 of 2001 substantive application also dismissed; both proceedings stood over as to costs.

Orders

  • ['Interlocutory relief be declined in both matters.' 'Application in proceeding N 1670 of 2001 dismissed.' 'Proceeding N 1670 of 2001 stood over to 28 February 2002 at 9.30 am on the issue of costs.' "Proceeding N 1671 of 2001 stood over to 28 February 2002 at 9.30 am with liberty to apply on 24 hours' notice."...