Case Note & Summary
The petitioners, Khaled Gomaeai Mohammed Hasan and another, filed a Criminal Writ Petition before the Bombay High Court. During the proceedings, learned counsel for the petitioners informed the court that the petitioners and their children had been granted Refugee (subclass 200) visas by the Australian Government on 16th August 2024. The petitioners had also booked air tickets from Delhi to Melbourne, Australia, departing on 10th September 2024. Photocopies of the visas and travel itinerary were tendered and taken on record. In view of these developments, the court found that nothing survived for further consideration in the petition. The petition was disposed of accordingly. The court clarified that the petitioners shall not be deported before their departure to Australia. The matter was stood over to 13th September 2024 for recording compliance.
Headnote
A) Immigration Law - Refugee Visa - Disposal of Petition - Grant of Refugee Visa by Foreign Government - Petitioners were granted Refugee (subclass 200) visa by Australian Government on 16th August 2024 and had booked travel to Melbourne - Court held that nothing survives for further consideration and disposed of the petition with direction not to deport petitioners before departure (Paras 1-5).
Issue of Consideration
Whether the petition survives for consideration after petitioners are granted refugee visa by Australian Government
Final Decision
Petition disposed of as nothing survives for further consideration. Petitioners shall not be deported before their departure to Australia. Matter stood over to 13th September 2024 for recording compliance.
Law Points
- Disposal of petition upon grant of refugee visa
- no further consideration required
