Federal Court of Australia
Federal Court of Australia
BVZ21 v Commonwealth of Australia [2022] FCAFC 122 Appeal from: BVZ21 v Commonwealth of Australia [2021] FCA 1598
File number: NSD 21 of 2022
Judgment of: MARKOVIC, THOMAS AND HALLEY JJ
Date of judgment: 21 July 2022
Catchwords: MIGRATION – appeal against determination of separate questions determined pursuant to r 30.01 of the Federal Court Rules 2011 (Cth) – where appellant is an unlawful non-citizen – where separate questions concerned whether appellant's detention unlawful since her attempt to voluntarily depart Australia, and whether appellant entitled to be released from detention by way of a writ of habeas corpus – where primary judge's answer to each question was "no" – whether primary judge erred as a matter of law in answering each separate question in the negative – whether "best interests of the child" relevant to determination of either separate question – appeal dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) s 27 Migration Act 1958 (Cth) ss 4, 5, 13, 14, 36, 189, 196, 198, 501, 501A Convention on the Rights of the Child, opened for signature 20 November 1989, 1577 UNTS 3 (entered into force 2 September 1990)
Cases cited: ASP15 and Another v Commonwealth and Another (2016) 248 FCR 372; [2016] FCAFC 145 BVZ21 v Commonwealth of Australia [2021] FCA 1598 Commonwealth of Australia v MZZHL [2021] FCAFC 191 Commonwealth v AJL20 (2021) 391 ALR 562; [2021] HCA 21 CPJ16 v Minister for Home Affairs [2020] FCA 1408 Minister for Immigration, Citizenship, Migration Services and Multicultural Affairs v CPJ16 [2019] FCA 2033 Minister for Immigration, Citizenship, Migration Services and Multicultural Affairs v CPJ16 (2020) 276 FCR 1; [2020] FCAFC 87 CPJ16 v Minister for Home Affairs [2020] FCAFC 212 CPJ16 v Minister for Home Affairs [2021] HCASL 149 CPJ16 v Minister for Immigration, Citizenship, Migration Services and Multicultural Affairs [2020] FCA 980 Northern Land Council v Quall (No 3) [2021] FCAFC 2 Ruddock and Others v Vardarlis and Others (2001) 110 FCR 491; [2001] FCA 1329 State of New South Wales v Kable (2013) 252 CLR 118; [2013] HCA 26
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