Recent Cases

DMH20 v Minister for Home Affairs [2023] FCAFC 31 (09 March 2023) (CHARLESWORTH, THAWLEY and KENNETT JJ)


Catchwords:


MIGRATION – appeal from orders dismissing an application for a declaration that it was not reasonably practicable to remove the appellant, an unlawful non-citizen, from Australia in the reasonably foreseeable future – whether primary judge erred by failing to distinguish between the concepts of voluntariness and cooperation –whether primary judge erred in failing to find that it was unlikely that the appellant would become voluntary towards his removal – no error established – appeal dismissed with costs