Long v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 774

Long v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 774

Absent statutory authority, the Federal Court has no power to stay an administrative decision (such as visa cancellation) that has taken effect and has no continuing operation; only the ongoing effects may be the subject of interlocutory restraint if it is otherwise appropriate.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 June 2002
Procedural Posture
Judicial Review Application / Interlocutory Motion (application for Stay)
Outcome
Application for stay refused
Legal Topics
['visa Cancellation' 'stay of Administrative Decision' 'power to Stay' 'continuing Effect of Administrative Decisions']
['migration Law' 'administrative Law'] ['visa Cancellation' 'stay of Administrative Decision' 'power to Stay' 'continuing Effect of Administrative Decisions']

Source-derived case record

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Procedural Posture

Judicial Review Application / Interlocutory Motion (application for Stay)

Legal Issues

  1. 1 ['Whether the Federal Court has power to stay a decision cancelling a visa after the decision has taken effect' 'Whether continuing effects of the decision (such as detention or removal) can be subject to interlocutory orders']

Ratio Decidendi

Absent statutory authority, the Federal Court has no power to stay an administrative decision (such as visa cancellation) that has taken effect and has no continuing operation; only the ongoing effects may be the subject of interlocutory restraint if it is otherwise appropriate.

Court Disposition

Application for stay refused

Orders

  • ["The applicant's notice of motion dated 2 April 2002 as amended be refused." "The applicant pay the respondent's costs of the application."]