Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v AZC20 [2022] FCAFC 52

Federal Court of Australia

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v AZC20 [2022] FCAFC 52 Appeal from: AZC20 v Minister for Home Affairs [2021] FCA 1234

File number(s): VID 659 of 2021 VID 660 of 2021

Judgment of: JAGOT, MORTIMER AND ABRAHAM JJ

Date of judgment: 5 April 2022

Catchwords: 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

Legislation: Federal Court of Australia Act 1976 (Cth) s 23 Migration Act 1958 (Cth) ss 5(1), 5(9), 5(9A), 5AA, 46A, 46A(1), 46A(2), 198, 198(6), 197C, 198D, 198AD(1), 198AD(2), 198AE, 198AE(1), 198AG Migration Legislation Amendment (Regional Processing and Other Measures) Act 2012 (Cth) Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Act 2013 (Cth) Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth) Federal Court Rules 2011 (Cth) r 35.13