Li v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 667

Li v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 667

The applicant failed to establish grounds for interlocutory relief: medical evidence did not demonstrate that he was unfit to travel; there was insufficient basis to conclude that removal would frustrate civil or HREOC proceedings; and there was no sufficient justification for an injunction on criminal investigation grounds. Hence, the application to restrain removal was dismissed.

Parties
Applicant: Liang Wei Li; First Respondent: Minister for Immigration and Multicultural and Indigenous Affairs; Second Respondent: Australian Correctional Management Pty Ltd
Jurisdiction
Australia
Judgment Date
27 May 2002
Procedural Posture
Interlocutory Application / Application for Interlocutory Relief (injunction)
Outcome
Application for interlocutory relief dismissed.
Legal Topics
Immigration Detention, Injunctive Relief, Fitness to Travel, Civil Proceedings by Detainee, HREOC Complaint
Migration Law Administrative Law Torts Human Rights Immigration Detention Injunctive Relief Fitness to Travel Civil Proceedings by Detainee +1 more

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Parties

Liang Wei Li

Applicant

Minister for Immigration and Multicultural and Indigenous Affairs

First Respondent

Australian Correctional Management Pty Ltd

Second Respondent

Procedural Posture

Interlocutory Application / Application for Interlocutory Relief (injunction)

Legal Issues

  1. 1 Whether the applicant is medically unfit to travel so as to justify the Court restraining removal from Australia
  2. 2 Whether pendency of civil proceedings justifies an order restraining removal of an unlawful non-citizen
  3. 3 Whether lodgement of complaint with HREOC or pursuit of criminal investigation justifies restraining removal

Ratio Decidendi

The applicant failed to establish grounds for interlocutory relief: medical evidence did not demonstrate that he was unfit to travel; there was insufficient basis to conclude that removal would frustrate civil or HREOC proceedings; and there was no sufficient justification for an injunction on criminal investigation grounds. Hence, the application to restrain removal was dismissed.

Court Disposition

Application for interlocutory relief dismissed.

Orders

  • The application for interlocutory relief be dismissed.
  • The applicant pay the first respondent's costs of the application for interlocutory relief.