GKQK v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 37

GKQK v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 37

The applicant does not have a sufficiently strong case on any appeal as the grant of a RoS visa did not bestow refugee status and BAL19 does not apply. Therefore, there are not sufficient grounds to grant an interlocutory injunction restraining removal from Australia.

Parties
Applicant: GKQK; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
30 January 2020
Procedural Posture
Application for Interlocutory Relief and Extension of Time to Appeal / Interlocutory Application for Injunction Pending Extension of Time to Appeal
Outcome
Application dismissed with costs.
Legal Topics
Visa Cancellation, Interlocutory Injunctions, Extension of Time to Appeal, Refugee Status, Protection Visas, Resolution of Status Visa, Section 501 Migration Act
Migration Law Administrative Law Visa Cancellation Interlocutory Injunctions Extension of Time to Appeal Refugee Status Protection Visas Resolution of Status Visa +1 more

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Parties

GKQK

Applicant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether an interlocutory injunction should be granted to restrain deportation pending appeal
  2. 2 Whether the applicant has prospects of success for extension of time to appeal
  3. 3 Whether the Resolution of Status (RoS) visa is analogous to a protection visa and cancellation is precluded under recent case law

Ratio Decidendi

The applicant does not have a sufficiently strong case on any appeal as the grant of a RoS visa did not bestow refugee status and BAL19 does not apply. Therefore, there are not sufficient grounds to grant an interlocutory injunction restraining removal from Australia.

Court Disposition

Application dismissed with costs.

Orders

  • The applicant's interlocutory application filed 22 January 2020 be dismissed with costs.
  • Order 3 of the orders made by the Court on 24 January 2020 be vacated.