McRoy v Minister for Home Affairs [2021] FCA 537

McRoy v Minister for Home Affairs [2021] FCA 537

Because the applicant's deportation was imminent and there was insufficient time to hear and determine the interlocutory injunction application before removal, and because the Court had power to restrain deportation to preserve the status quo, this was a paradigm case for an interim injunction pending a meaningful...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
28 April 2021
Procedural Posture
Migration Judicial Review; Application for Extension of Time and Interim Injunctive Relief / Urgent Interim Injunction to Restrain Deportation Pending Hearing of Interlocutory Injunction Application
Outcome
Interim injunction granted restraining deportation; detention to continue pending the interlocutory injunction application; costs reserved.
Legal Topics
['visa Cancellation Under S 501 of the Migration Act 1958 (cth)' 'deportation' 'interim Injunction to Preserve Status Quo' 'extension of Time for Judicial Review']
['migration' 'administrative Law' 'injunctions'] ['visa Cancellation Under S 501 of the Migration Act 1958 (cth)' 'deportation' 'interim Injunction to Preserve Status Quo' 'extension of Time for Judicial Review']

Source-derived case record

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Procedural Posture

Migration Judicial Review; Application for Extension of Time and Interim Injunctive Relief / Urgent Interim Injunction to Restrain Deportation Pending Hearing of Interlocutory Injunction Application

Legal Issues

  1. 1 ["Whether the Court should grant an interim injunction restraining the applicant's deportation to preserve the status quo pending a hearing of the interlocutory injunction application." 'Whether the Court had power to grant an injunction restraining deportation in the circumstances.']

Ratio Decidendi

Because the applicant's deportation was imminent and there was insufficient time to hear and determine the interlocutory injunction application before removal, and because the Court had power to restrain deportation to preserve the status quo, this was a paradigm case for an interim injunction pending a meaningful hearing.

Court Disposition

Interim injunction granted restraining deportation; detention to continue pending the interlocutory injunction application; costs reserved.

Orders

  • ['Until the close of business on 29 April 2021 or further earlier order, the respondent (Minister) whether by his officers, servants or agents, or otherwise be restrained from deporting the applicant, James Daniel McRoy, from Australia.' 'Pending the hearing and determination of the interlocutory injunction...