CHV20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1206

CHV20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1206

The applicant failed to demonstrate a reasonably arguable case for leave to appeal or for the grant of interlocutory injunction restraining his removal, as there was no sufficient evidence of improper purpose behind the removal decision and the balance of convenience favoured refusal of the injunction in light of statutory obligations to remove unlawful non-citizens.

Parties
Applicant: CHV20; Respondent: Minister for Immigration, Citizenship and Multicultural Affairs
Jurisdiction
Australia
Judgment Date
25 September 2023
Procedural Posture
Appeal / Interlocutory Application for an Injunction Pending Extension of Time and Leave to Appeal
Outcome
Application dismissed with costs
Legal Topics
Interlocutory Injunctions, Removal of Unlawful Non Citizens, Improper Purpose, Ministerial Intervention, Balance of Convenience
Administrative Law Immigration Law Interlocutory Injunctions Removal of Unlawful Non Citizens Improper Purpose Ministerial Intervention Balance of Convenience

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Parties

CHV20

Applicant

Minister for Immigration, Citizenship and Multicultural Affairs

Respondent

Procedural Posture

Appeal / Interlocutory Application for an Injunction Pending Extension of Time and Leave to Appeal

Legal Issues

  1. 1 Whether applicant has a reasonably arguable case for grant of leave to appeal
  2. 2 Whether balance of convenience favours refusal of injunction
  3. 3 Whether applicant has established improper purpose behind removal decision

Ratio Decidendi

The applicant failed to demonstrate a reasonably arguable case for leave to appeal or for the grant of interlocutory injunction restraining his removal, as there was no sufficient evidence of improper purpose behind the removal decision and the balance of convenience favoured refusal of the injunction in light of statutory obligations to remove unlawful non-citizens.

Court Disposition

Application dismissed with costs

Orders

  • The interlocutory application for an injunction dated 15 September 2023 be dismissed.
  • The applicant pay the respondent's costs as assessed or agreed.