Lu Ru Wei & Anor v Immigration & Multicultural Affairs [1996] FCA 576

Lu Ru Wei & Anor v Immigration & Multicultural Affairs [1996] FCA 576

Despite the provisional view that the applicants' case is not particularly strong, there is a serious question to be tried as to whether the applicants are covered by the Memorandum of Understanding and thus prohibited from applying for a protection visa. The balance of convenience, given the potential irreparable harm to the applicants if removed, and other circumstances, favours the grant of interlocutory relief until the case can be determined.

Parties
First Applicant: Lu Ru Wei; Second Applicant: Zhou Xiao Fang; Respondent: The Minister for Immigration & Multicultural Affairs
Jurisdiction
Australia
Judgment Date
21 June 1996
Procedural Posture
Application for Interlocutory Injunction / Interlocutory Application
Outcome
Interlocutory injunction granted
Legal Topics
Protection Visas, Refugee Status, Interlocutory Injunctions, Application of Memorandum of Understanding, Judicial Review
Migration Law Administrative Law Protection Visas Refugee Status Interlocutory Injunctions Application of Memorandum of Understanding Judicial Review

Case Brief

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Parties

Lu Ru Wei

First Applicant

Zhou Xiao Fang

Second Applicant

The Minister for Immigration & Multicultural Affairs

Respondent

Procedural Posture

Application for Interlocutory Injunction / Interlocutory Application

Legal Issues

  1. 1 Whether the applicants are covered by the Memorandum of Understanding and thus prohibited from applying for a protection visa
  2. 2 Whether interlocutory injunction should be granted to restrain removal from Australia

Ratio Decidendi

Despite the provisional view that the applicants' case is not particularly strong, there is a serious question to be tried as to whether the applicants are covered by the Memorandum of Understanding and thus prohibited from applying for a protection visa. The balance of convenience, given the potential irreparable harm to the applicants if removed, and other circumstances, favours the grant of interlocutory relief until the case can be determined.

Court Disposition

Interlocutory injunction granted

Orders

  • The respondent is restrained from removing the applicants or their dependants from Australia pending further order.
  • The hearing of the application is to be expedited.