SZSXT v Minister for Immigration and Border Protection (No 2) [2013] FCA 1416

SZSXT v Minister for Immigration and Border Protection (No 2) [2013] FCA 1416

The orders were made ex parte and instanter because the applicant's removal was imminent, and without the injunction, any application for leave to appeal would be rendered futile. The urgency and balance of convenience justified granting the orders under s 23 of the Federal Court of Australia Act 1976 (Cth).

Jurisdiction
Australia
Judgment Date
17 December 2013
Procedural Posture
Urgent Interlocutory Application / Interlocutory
Outcome
Ex parte orders granted restraining removal; orders made as a matter of urgency.
Legal Topics
['injunction Against Removal' 'interlocutory Relief' 'ex Parte Orders']
['administrative Law' 'immigration Law'] ['injunction Against Removal' 'interlocutory Relief' 'ex Parte Orders']

Case Brief

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Procedural Posture

Urgent Interlocutory Application / Interlocutory

Legal Issues

  1. 1 ['Whether ex parte injunction should be granted to prevent imminent removal of applicant' 'Whether urgent interlocutory orders were justified to avoid injustice']

Ratio Decidendi

The orders were made ex parte and instanter because the applicant's removal was imminent, and without the injunction, any application for leave to appeal would be rendered futile. The urgency and balance of convenience justified granting the orders under s 23 of the Federal Court of Australia Act 1976 (Cth).

Court Disposition

Ex parte orders granted restraining removal; orders made as a matter of urgency.

Orders

  • ['The First Respondent be restrained from taking any steps to remove the Applicant from Australia until 4.00 pm on 20 December 2013 or until further order.' 'Any application for leave to appeal be filed and served by noon on 18 December 2013.' 'Liberty to apply.']