FLH18 v Minister for Home Affairs [2018] FCAFC 188

FEDERAL COURT OF AUSTRALIA

FLH18 v Minister for Home Affairs [2018] FCAFC 188 File number: VID 1350 of 2018

Judges: KENNY, ROBERTSON AND GRIFFITHS JJ

Date of judgment: 2 November 2018

Catchwords: MIGRATION – where the applicant, who is a minor, arrived in Australia with her family as an unauthorised maritime arrival and was sent to the Republic of Nauru – where the applicant sought various relief against the Minister for Home Affairs and the Commonwealth (the respondents), including damages for an alleged breach of duty of care and an interlocutory order that the Minister take all steps to ensure that the applicant and her family are brought to Australia so that the applicant can immediately access necessary medical treatment and care – where the applicant and her family were subsequently brought to Australia pursuant to undertakings by the respondents – where the respondents raised the issue of whether the proceeding is barred by ss 494AB(1)(a) or (ca) of the Migration Act 1958 (Cth) (the Issue) PRACTICE AND PROCEUDRE – where the Court ordered that the Issue be determined as a separate question pursuant to r 30.01 of the Federal Court Rules 2011 (Cth) – whether the Issue remains appropriate to be determined as a separate question in light of subsequent developments, including the content of pleadings, the issues which remain in dispute and the limited ambit of the statement of agreed facts filed by the parties

Legislation: Federal Court of Australia Act 1976 (Cth), s 20(1A) Judiciary Act 1903 (Cth), s 78B Migration Act 1958 (Cth), s 494AB

Cases cited: Bass v Permanent Trustee Co Ltd (1999) 198 CLR 334 CBS Productions Pty Ltd v O'Neill (1985) 1 NSWLR 601 Director of Public Prosecutions for the Commonwealth v JM [2013] HCA 30; 250 CLR 135 Rainsford v Victoria [2005] FCAFC 163; 144 FCR 279 Save the Ridge Inc v Commonwealth [2005] FCAFC 203; 147 FCR 97