SZWAJ v Minister for Immigration and Border Protection [2016] FCA 1173

SZWAJ v Minister for Immigration and Border Protection [2016] FCA 1173

The appeal was dismissed because the appellant had already been afforded procedural fairness and the opportunity to make submissions about the Data Breach through the appropriate statutory channels, and her circumstances were materially different from those in SZSSJ; there was no reasonably arguable case of procedural unfairness justifying an interlocutory injunction to prevent removal.

Jurisdiction
Australia
Judgment Date
28 September 2016
Procedural Posture
Appeal / Judgment on Appeal From Federal Circuit Court, Interlocutory Injunction Application
Outcome
Appeal dismissed
Legal Topics
['interlocutory Injunction' 'procedural Fairness' 'removal From Australia' 'data Breach' 'non Refoulement' "minister's Non Compellable Powers"]
['administrative Law' 'migration Law'] ['interlocutory Injunction' 'procedural Fairness' 'removal From Australia' 'data Breach' 'non Refoulement' "minister's Non Compellable Powers"]

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal From Federal Circuit Court, Interlocutory Injunction Application

Legal Issues

  1. 1 ["Whether the primary judge erred in finding that the appellant's case was not reasonably arguable" "Whether the Department's representation undertook more than providing an opportunity to make submissions about the Data Breach" 'Whether an interlocutory injunction should have been granted restraining removal from Australia']

Ratio Decidendi

The appeal was dismissed because the appellant had already been afforded procedural fairness and the opportunity to make submissions about the Data Breach through the appropriate statutory channels, and her circumstances were materially different from those in SZSSJ; there was no reasonably arguable case of procedural unfairness justifying an interlocutory injunction to prevent removal.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal be dismissed.' 'The interlocutory injunction granted on 23 January 2015 is discharged.' "The appellant pay the respondents' costs of the appeal and of the proceedings before Greenwood J, as agreed or assessed."]