Tupou v Minister for Immigration & Multicultural Affairs [2001] FCA 225
There is insufficient evidence to warrant the grant of an interlocutory injunction restraining removal of the applicants; no reviewable error has been advanced; evidence regarding the second applicant’s citizenship is not sufficiently cogent to justify injunctive relief.
- Jurisdiction
- Australia
- Judgment Date
- 09 March 2001
- Procedural Posture
- Application for Interlocutory Injunction / Interlocutory Relief Determination
- Outcome
- application for interlocutory relief dismissed
- Legal Topics
- ['interlocutory Injunction' 'removal of Unlawful Non Citizen' 'grant of Bridging Visa' 'citizenship Status of Minor' 'administrative Review']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Interlocutory Injunction / Interlocutory Relief Determination
Legal Issues
- 1 ['Whether applicants are entitled to interlocutory injunction restraining removal from Australia' 'Whether second applicant is an Australian citizen under s 10(2) of the Australian Citizenship Act 1948 (Cth)' 'Whether there is reviewable error in Migration Review Tribunal decisions denying bridging visas']
Ratio Decidendi
There is insufficient evidence to warrant the grant of an interlocutory injunction restraining removal of the applicants; no reviewable error has been advanced; evidence regarding the second applicant’s citizenship is not sufficiently cogent to justify injunctive relief.
Court Disposition
application for interlocutory relief dismissed
Orders
- ['The application for interlocutory relief be dismissed.' "The first applicant pay the respondent's costs."]
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