DXO21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1656

DXO21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1656

There exists a sufficient triable issue regarding the ministerial guidelines and officers' duties affecting the applicant's protection visa claim, which justifies preserving the status quo by granting an interlocutory injunction restraining removal; moreover, the applicant is entitled to costs for the interlocutory application given absence of a proffered undertaking by the Minister.

Parties
Applicant: DXO21; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Assistant Director Lauren (PN 600441065) & SHP Section Department of Home Affairs
Jurisdiction
Australia
Judgment Date
12 November 2021
Procedural Posture
Application for Interlocutory Injunction / Interlocutory Hearing and Orders
Outcome
Interlocutory injunction granted; costs awarded to applicant for interlocutory application
Legal Topics
Interlocutory Injunction, Protection Visas, Ministerial Discretion, Judicial Review, Costs
Migration Law Administrative Law Interlocutory Injunction Protection Visas Ministerial Discretion Judicial Review Costs

Case Brief

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Parties

DXO21

Applicant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Assistant Director Lauren (PN 600441065) & SHP Section Department of Home Affairs

Second Respondent

Procedural Posture

Application for Interlocutory Injunction / Interlocutory Hearing and Orders

Legal Issues

  1. 1 Whether an interlocutory injunction restraining removal should be granted
  2. 2 Whether there is a triable issue regarding the duties of civil servants under ministerial procedures
  3. 3 What is the appropriate costs order for the interlocutory application

Ratio Decidendi

There exists a sufficient triable issue regarding the ministerial guidelines and officers' duties affecting the applicant's protection visa claim, which justifies preserving the status quo by granting an interlocutory injunction restraining removal; moreover, the applicant is entitled to costs for the interlocutory application given absence of a proffered undertaking by the Minister.

Court Disposition

Interlocutory injunction granted; costs awarded to applicant for interlocutory application

Orders

  • First respondent restrained from removing applicant from Australia until further order
  • Proceeding adjourned for case management