SHMB v Goodwin [2003] FCA 1053

SHMB v Goodwin [2003] FCA 1053

There is, at present, no serious question to be tried that there is no real likelihood or prospect of the applicant being removed from Australia in the reasonably foreseeable future, due to recent developments regarding securing a Palestinian passport and transit visa, and therefore interim relief should not be granted.

Jurisdiction
Australia
Judgment Date
13 August 2003
Procedural Posture
Judicial Review Under S 39 B of the Judiciary Act 1903 (cth) / Interlocutory Application for Interim Relief Adjourned
Outcome
Application for interlocutory relief refused; notice of motion adjourned with liberty to call on.
Legal Topics
['immigration Detention' 'mandamus' 'statelessness' 'interlocutory Relief']
['administrative Law' 'immigration Law'] ['immigration Detention' 'mandamus' 'statelessness' 'interlocutory Relief']

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Procedural Posture

Judicial Review Under S 39 B of the Judiciary Act 1903 (cth) / Interlocutory Application for Interim Relief Adjourned

Legal Issues

  1. 1 ["Is the applicant's continued immigration detention lawful?" 'Is there a real likelihood or prospect of the applicant being removed from Australia in the reasonably foreseeable future?' 'Should interim relief (release from detention) be granted?']

Ratio Decidendi

There is, at present, no serious question to be tried that there is no real likelihood or prospect of the applicant being removed from Australia in the reasonably foreseeable future, due to recent developments regarding securing a Palestinian passport and transit visa, and therefore interim relief should not be granted.

Court Disposition

Application for interlocutory relief refused; notice of motion adjourned with liberty to call on.

Orders

  • ['The applicant’s notice of motion for interlocutory relief is adjourned to a date to be fixed with liberty to call it on.' 'Costs of the notice of motion to date be costs in the cause.' 'Paragraphs 12, 13, 14, 15 and 16 and Exhibit AD2 to the affidavit of Andrew Albert Durston sworn on 12 August 2003 not be...