MZAPC v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 877

MZAPC v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 877

The application for leave to appeal was dismissed because refusal of an interlocutory injunction to restrain removal does not affect the applicant's liberty within the meaning of s 24(1C) of the Federal Court of Australia Act. The statutory powers for Ministerial intervention are non-compellable and do not create any legal status for requests to be 'pending', nor do they delay or qualify the duty to remove an unlawful non-citizen under s 198(6) of the Migration Act.

Jurisdiction
Australia
Judgment Date
01 August 2023
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From Interlocutory Decision – Dismissed
Outcome
Application for leave to appeal dismissed
Legal Topics
['leave to Appeal' 'interlocutory Injunction' 'ministerial Intervention Powers' 'immigration Detention' 'removal From Australia']
['administrative and Constitutional Law' 'human Rights' 'migration Law'] ['leave to Appeal' 'interlocutory Injunction' 'ministerial Intervention Powers' 'immigration Detention' 'removal From Australia']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Leave to Appeal From Interlocutory Decision – Dismissed

Legal Issues

  1. 1 ['Is leave required to appeal the interlocutory decision?' 'Should leave be granted to appeal the interlocutory decision?' "If leave is granted, should the appeal be allowed – is removal lawful while Ministerial intervention requests are 'pending'?"]

Ratio Decidendi

The application for leave to appeal was dismissed because refusal of an interlocutory injunction to restrain removal does not affect the applicant's liberty within the meaning of s 24(1C) of the Federal Court of Australia Act. The statutory powers for Ministerial intervention are non-compellable and do not create any legal status for requests to be 'pending', nor do they delay or qualify the duty to remove an unlawful non-citizen under s 198(6) of the Migration Act.

Court Disposition

Application for leave to appeal dismissed

Orders

  • ['The application for leave to appeal is dismissed.' "The applicant do pay the respondent's costs of and incidental to the application including the costs incurred on the basis of the order that any appeal be heard at the same time as the application for leave to appeal; such costs to be assessed by a registrar if...