Moana v Minister for Immigration and Border Protection (No 2) [2019] FCA 680

Moana v Minister for Immigration and Border Protection (No 2) [2019] FCA 680

The object of the earlier order was to find Mr Moana in order to see whether he wishes to press his application, and nothing in that order was intended to discourage the Minister from making obvious and sensible enquiries with people who may know, or are related to, Mr Moana about his whereabouts or contact details.

Jurisdiction
Australia
Judgment Date
15 May 2019
Procedural Posture
Application for Extension of Time / Supplementary Reasons for Judgment
Outcome
Order 1 made on 14 May 2019 was qualified; no substantive change to the orders was required.
Legal Topics
['visa Cancellation' 'extension of Time' 'administrative Appeals Tribunal' 'locating Applicant']
['administrative and Constitutional Law and Human Rights' 'immigration Law'] ['visa Cancellation' 'extension of Time' 'administrative Appeals Tribunal' 'locating Applicant']

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Procedural Posture

Application for Extension of Time / Supplementary Reasons for Judgment

Legal Issues

  1. 1 ['Whether Order 1 made on 14 May 2019 should be qualified to make clear that it does not prevent or discourage the Minister from making enquiries to locate Mr Moana and ascertain whether he wishes to press his application.']

Ratio Decidendi

The object of the earlier order was to find Mr Moana in order to see whether he wishes to press his application, and nothing in that order was intended to discourage the Minister from making obvious and sensible enquiries with people who may know, or are related to, Mr Moana about his whereabouts or contact details.

Court Disposition

Order 1 made on 14 May 2019 was qualified; no substantive change to the orders was required.

Orders

  • ["Nothing in Order 1 made on 14 May 2019 is intended to prevent or to discourage the Minister making appropriate enquiries of people in Australia who may know of Mr Moana's whereabouts or contact details in New Zealand, and the extent to which Order 1 made on 14 May 2019 needs to be complied with may be affected by...