BXI23 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 942

BXI23 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 942

The application for leave to appeal was refused because the applicant did not establish a prima facie case for an interlocutory injunction or that any practical benefit would be obtained from the relief sought, given the student visa's expiry and the lack of merit in challenges to the cancellation and refusal decisions; there was no substantial injustice in refusing leave to appeal.

Jurisdiction
Australia
Judgment Date
04 August 2023
Procedural Posture
Application for Leave to Appeal (migration) / Leave to Appeal and Appeal From Interlocutory Injunction Refusal
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['interlocutory Injunctions' 'appeal Procedure' 'extension of Time' 'visa Cancellation' 'unlawful Non Citizen Status']
['migration Law' 'administrative Law' 'constitutional Law'] ['interlocutory Injunctions' 'appeal Procedure' 'extension of Time' 'visa Cancellation' 'unlawful Non Citizen Status']

Case Brief

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Procedural Posture

Application for Leave to Appeal (migration) / Leave to Appeal and Appeal From Interlocutory Injunction Refusal

Legal Issues

  1. 1 ['Whether the applicant had established a prima facie case to justify an interlocutory injunction restraining removal from Australia' 'Whether leave to appeal should be granted from the refusal of an interlocutory injunction' 'Whether there is any practical utility in granting relief sought by the applicant']

Ratio Decidendi

The application for leave to appeal was refused because the applicant did not establish a prima facie case for an interlocutory injunction or that any practical benefit would be obtained from the relief sought, given the student visa's expiry and the lack of merit in challenges to the cancellation and refusal decisions; there was no substantial injustice in refusing leave to appeal.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['The application for leave to appeal be dismissed.' 'The notice of appeal be struck out as incompetent.' 'Order 1 made on 27 July 2023 be vacated.' "The applicant pay the first respondent's costs to be assessed or taxed."]