Sami v Minister for Home Affairs [2023] FCA 185

Sami v Minister for Home Affairs [2023] FCA 185

The interlocutory injunction was refused because neither the Proposed Application under the Australian Human Rights Commission Act 1986 (Cth) nor the pending habeas corpus proceedings identified any arguable final relief or legal status that would entitle Mr Sami to remain in Australia, or any right that would be rendered nugatory or compromised by removal. The Proposed Application concerned past detention and did not justify preserving the status quo; removal would not end proceedings about past detention; there was no pending application capable of conferring status to remain; and the unfinalised residence determination request was not an impediment to removal.

Jurisdiction
Australia
Judgment Date
07 March 2023
Procedural Posture
Migration; Interlocutory Application for Injunction Restraining Removal From Australia in Pending Habeas Corpus Proceedings / Interlocutory Application in an Appeal From Sami V Minister for Home Affairs [2022] FCA 1513
Outcome
Interlocutory application dismissed with costs.
Legal Topics
['immigration Detention' 'removal From Australia' 'interlocutory Injunction' 'habeas Corpus' 'australian Human Rights Commission Complaint' 'ministerial Intervention']
['migration' 'administrative and Constitutional Law' 'human Rights'] ['immigration Detention' 'removal From Australia' 'interlocutory Injunction' 'habeas Corpus' 'australian Human Rights Commission Complaint' 'ministerial Intervention']

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Procedural Posture

Migration; Interlocutory Application for Injunction Restraining Removal From Australia in Pending Habeas Corpus Proceedings / Interlocutory Application in an Appeal From Sami V Minister for Home Affairs [2022] FCA 1513

Legal Issues

  1. 1 ["Whether an interlocutory injunction should be granted to restrain Mr Sami's removal from Australia by charter flight on 8 March 2023." 'Whether the Proposed Application under the Australian Human Rights Commission Act 1986 (Cth) provided a sufficient foundation for injunctive relief.' 'Whether the pending habeas corpus proceedings or appeal provided a sufficient colour of right to final relief that would be rendered nugatory or compromised by removal.' 'Whether any pending ministerial intervention request or lack of notice impeded removal.']

Ratio Decidendi

The interlocutory injunction was refused because neither the Proposed Application under the Australian Human Rights Commission Act 1986 (Cth) nor the pending habeas corpus proceedings identified any arguable final relief or legal status that would entitle Mr Sami to remain in Australia, or any right that would be rendered nugatory or compromised by removal. The Proposed Application concerned past detention and did not justify preserving the status quo; removal would not end proceedings about past detention; there was no pending application capable of conferring status to remain; and the unfinalised residence determination request was not an impediment to removal.

Court Disposition

Interlocutory application dismissed with costs.

Orders

  • ['The interlocutory application is dismissed.' "The applicant pay the respondent's costs of the interlocutory application."]