Tuivasge v Minister for Immigration & Multicultural Affairs [2001] FCA 1528

Tuivasge v Minister for Immigration & Multicultural Affairs [2001] FCA 1528

There is no prospect of success in any appeal from the decision of the primary judge, and there would be no utility in granting an interim injunction restraining removal; thus, the application for interim relief is dismissed.

Parties
Applicant: Makereta Tuivasge; Respondent: Minister for Immigration & Multicultural Affairs
Jurisdiction
Australia
Judgment Date
19 September 2001
Procedural Posture
Application for an Order of Review / Interlocutory Application for Interim Injunction
Outcome
application dismissed
Legal Topics
Bridging Visa, Protection Visa, Review of Tribunal Decision, Interim Injunction, Removal From Australia
Immigration Law Bridging Visa Protection Visa Review of Tribunal Decision Interim Injunction Removal From Australia

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 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Makereta Tuivasge

Applicant

Minister for Immigration & Multicultural Affairs

Respondent

Procedural Posture

Application for an Order of Review / Interlocutory Application for Interim Injunction

Legal Issues

  1. 1 Whether grounds exist for an order of review of tribunal decisions under s 476 Migration Act
  2. 2 Whether an interim injunction restraining removal pending appeal should be granted

Ratio Decidendi

There is no prospect of success in any appeal from the decision of the primary judge, and there would be no utility in granting an interim injunction restraining removal; thus, the application for interim relief is dismissed.

Court Disposition

application dismissed

Orders

  • The notice of motion received 18 September 2001 be dismissed.
  • There be no order as to the costs of the motion.