SHMB v Goodwin (No 2) [2003] FCA 1171

SHMB v Goodwin (No 2) [2003] FCA 1171

There exists a 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 ongoing uncertainty regarding the ability to obtain a Palestinian passport even with alternative methods proposed.

Jurisdiction
Australia
Judgment Date
03 October 2003
Procedural Posture
Interlocutory Application / Interlocutory Order Prior to Final Hearing
Outcome
Interlocutory order directing release from immigration detention, subject to conditions
Legal Topics
['immigration Detention' 'interlocutory Relief' 'removal From Australia']
['administrative Law' 'immigration Law'] ['immigration Detention' 'interlocutory Relief' 'removal From Australia']

Case Brief

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Procedural Posture

Interlocutory Application / Interlocutory Order Prior to Final Hearing

Legal Issues

  1. 1 ['Whether there is a 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']

Ratio Decidendi

There exists a 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 ongoing uncertainty regarding the ability to obtain a Palestinian passport even with alternative methods proposed.

Court Disposition

Interlocutory order directing release from immigration detention, subject to conditions

Orders

  • ["Minister for Immigration & Multicultural & Indigenous Affairs to cause applicant's release from detention forthwith" 'Applicant to provide notice of address and contact details post-release, and notify changes' 'Applicant to comply with arrangements for removal per s 198 of Migration Act 1958 (Cth)' 'Applicant to...