Recent Cases

BVZ21 v Commonwealth of Australia [2022] FCAFC 122 (21 July 2022) (Markovic, Thomas and Halley JJ)


Catchwords:


MIGRATION – appeal against determination of separate questions determined pursuant to r 30.01 of the Federal Court Rules 2011 (Cth) – where appellant is an unlawful non-citizen – where separate questions concerned whether appellant’s detention unlawful since her attempt to voluntarily depart Australia, and whether appellant entitled to be released from detention by way of a writ of habeas corpus – where primary judge’s answer to each question was “no” – whether primary judge erred as a matter of law in answering each separate question in the negative – whether “best interests of the child” relevant to determination of either separate question – appeal dismissed