Recent Cases

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v AZC20 [2022] FCAFC 52 (05 April 2022) (Jagot, Mortimer and Abraham JJ)


MIGRATION – appeal from a decision of the Federal Court of Australia – where primary judge granted declaratory relief regarding the application of 198AD(2) to the respondent – where primary judge compelled Secretary of Department of Home Affairs to remove respondent as soon as reasonably practicable from Australia – where primary judge ordered detention of respondent occur at property of members of the public – whether orders were interlocutory in character – whether detention orders related to being “in the company of, and restrained by” an officer or other authorised person – whether Migration Act 1958 (Cth) s 198AD(2) applied to person subject to favourable decision under s 46A(2) – appeal allowed