AQM18 v Minister for Immigration and Border Protection [2019] FCAFC 27

FEDERAL COURT OF AUSTRALIA

AQM18 v Minister for Immigration and Border Protection [2019] FCAFC 27 Appeal from: AQM18 v Minister for Immigration and Border Protection [2018] FCA 944

File number: VID 829 of 2018

Judges: BESANKO, WHITE AND THAWLEY JJ

Date of judgment: 22 February 2019

Catchwords: MIGRATION – appeal from the Federal Court of Australia dismissing an application for judicial review of a decision of the Minister to exercise the power in s 501A(2) of the Migration Act 1958 (Cth) – whether the Minister misunderstood the operation of ss 198 and 197C – whether the Minister erroneously understood that the appellant would not be refouled under s 198 of the Act – whether the primary judge erred in concluding that the Minister's decision did not occur outside of a reasonable time

Legislation: Migration Act 1958 (Cth) ss 36, 36(2C), 48A, 48B, 65, 195A, 197AB, 197C, 198, 417, 476A, 501, 501A, 501E Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth)

Cases cited: AQM18 v Minister for Immigration and Border Protection [2018] FCA 944 Blatch v Archer (1774) 1 Cowp 63 BMF16 v Minister for Immigration and Border Protection [2016] FCA 1530 Coulton v Holcombe (1986) 162 CLR 1 DMH16 v Minister for Immigration and Border Protection (2017) 253 FCR 576 FRH18 v Minister for Home Affairs [2018] FCA 1769 Jones v Dunkel (1959) 101 CLR 298 Koon Wing Lau v Calwell (1949) 80 CLR 533 SZSSJ v Minister for Immigration and Border Protection (2015) 234 FCR 1 Thornton v Repatriation Commission (1981) 52 FLR 285 Water Board v Moustakas (1988) 180 CLR 491