Somba v Minister for Home Affairs [2018] FCA 1022

Somba v Minister for Home Affairs [2018] FCA 1022

There is a serious question to be tried regarding the proper operation of s 500(6L) of the Migration Act 1958 (Cth), namely whether a Tribunal decision under s 42A(2) precludes the operation of the deeming provision. Given the balance of convenience substantially favours the applicant, injunctive relief to prevent removal from Australia pending determination is granted.

Parties
Applicant: Hanz Christian Somba; First Respondent: Minister for Home Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
04 July 2018
Procedural Posture
Interlocutory Application (migration) / Application for Interlocutory Injunction Pending Judicial Review
Outcome
Interlocutory injunction granted
Legal Topics
Visa Cancellation, Review of Refusal to Revoke Visa Cancellation, Operation of Deeming Provisions Under Migration Act S 500(6 L), Interlocutory Injunctions, Tribunal Dismissals and Reinstatement
Migration Law Administrative Law Visa Cancellation Review of Refusal to Revoke Visa Cancellation Operation of Deeming Provisions Under Migration Act S 500(6 L) Interlocutory Injunctions Tribunal Dismissals and Reinstatement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Hanz Christian Somba

Applicant

Minister for Home Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Interlocutory Application (migration) / Application for Interlocutory Injunction Pending Judicial Review

Legal Issues

  1. 1 Whether s 500(6L) of the Migration Act 1958 (Cth) operated to deem a decision affirming visa cancellation
  2. 2 Whether the balance of convenience favoured granting interlocutory relief

Ratio Decidendi

There is a serious question to be tried regarding the proper operation of s 500(6L) of the Migration Act 1958 (Cth), namely whether a Tribunal decision under s 42A(2) precludes the operation of the deeming provision. Given the balance of convenience substantially favours the applicant, injunctive relief to prevent removal from Australia pending determination is granted.

Court Disposition

Interlocutory injunction granted

Orders

  • The first respondent and their officers, agents, or delegates are restrained, until further order, from removing the applicant from Australia.
  • The matter be listed for a case management hearing on 5 July 2018 at 12:00pm, with applicant to appear by video link or telephone.