Makarov v Minister for Home Affairs [2019] FCA 1903

Makarov v Minister for Home Affairs [2019] FCA 1903

The balance of convenience weighs slightly in favour of granting interlocutory relief due to potential hardship if the applicant is removed to Ukraine and is stateless, despite the substantial delay in challenging the revocation. Interlocutory injunction restraining removal pending determination of court and AAT proceedings is appropriate, but the form of the injunction must not be overly broad.

Jurisdiction
Australia
Judgment Date
18 November 2019
Procedural Posture
Migration Interlocutory Application / Application for Interlocutory Injunction Pending Review of Citizenship Revocation
Outcome
Interlocutory injunction granted restraining removal of applicant; costs reserved; proceeding stood over for case management.
Legal Topics
['interlocutory Relief' 'deportation' 'revocation of Citizenship' 'statelessness']
['migration Law' 'administrative Law'] ['interlocutory Relief' 'deportation' 'revocation of Citizenship' 'statelessness']

Case Brief

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Procedural Posture

Migration Interlocutory Application / Application for Interlocutory Injunction Pending Review of Citizenship Revocation

Legal Issues

  1. 1 ['Whether interlocutory relief restraining removal from Australia should be granted pending review of citizenship revocation' 'Whether the 2007 revocation of applicant’s Australian citizenship was invalid on the basis of statelessness']

Ratio Decidendi

The balance of convenience weighs slightly in favour of granting interlocutory relief due to potential hardship if the applicant is removed to Ukraine and is stateless, despite the substantial delay in challenging the revocation. Interlocutory injunction restraining removal pending determination of court and AAT proceedings is appropriate, but the form of the injunction must not be overly broad.

Court Disposition

Interlocutory injunction granted restraining removal of applicant; costs reserved; proceeding stood over for case management.

Orders

  • ['Respondents restrained from taking steps to remove the Applicant from Australia until determination of proceedings or further order.' 'Costs of interlocutory application reserved.' 'Proceeding stood over for case management hearing.' "Liberty to apply on 2 days' notice."]