SZTZM v Minister for Immigration and Border Protection [2017] FCA 534

SZTZM v Minister for Immigration and Border Protection [2017] FCA 534

The appellant failed to establish a prima facie case for interlocutory relief because the assessor had applied the required assumption as per SZSSJ, and there was no reasonable basis to find procedural unfairness. Hence, there was not a sufficient likelihood of success on appeal to justify the preservation of the status quo by injunction.

Parties
Appellant: SZTZM; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Secretary of the Department of Immigration and Border Protection; Third Respondent: Kathy Backhouse, IMA Protection NSW, Department of Immigration and Border Protection
Jurisdiction
Australia
Judgment Date
17 May 2017
Procedural Posture
Interlocutory Application (injunction) Pending Appeal / Determination of Interlocutory Injunction During Pending Appeal From Federal Circuit Court
Outcome
Interlocutory application for interim injunction dismissed
Legal Topics
Interlocutory Injunctions, Procedural Fairness, Non Refoulement, Data Breach, Migration Act (visa Removal)
Administrative Law Immigration Law Human Rights Interlocutory Injunctions Procedural Fairness Non Refoulement Data Breach Migration Act (visa Removal)

Case Brief

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Parties

SZTZM

Appellant

Minister for Immigration and Border Protection

First Respondent

Secretary of the Department of Immigration and Border Protection

Second Respondent

Kathy Backhouse, IMA Protection NSW, Department of Immigration and Border Protection

Third Respondent

Procedural Posture

Interlocutory Application (injunction) Pending Appeal / Determination of Interlocutory Injunction During Pending Appeal From Federal Circuit Court

Legal Issues

  1. 1 Whether the appellant has a prima facie case on appeal justifying an interlocutory injunction to prevent his removal from Australia pending appeal determination
  2. 2 Whether procedural fairness was afforded in the ITOA process in light of the assumption about authorities' access to personal data

Ratio Decidendi

The appellant failed to establish a prima facie case for interlocutory relief because the assessor had applied the required assumption as per SZSSJ, and there was no reasonable basis to find procedural unfairness. Hence, there was not a sufficient likelihood of success on appeal to justify the preservation of the status quo by injunction.

Court Disposition

Interlocutory application for interim injunction dismissed

Orders

  • The appellant's application for an interim injunction be dismissed.
  • The appellant pay the respondents' costs.