DMH20 v Minister for Home Affairs [2023] FCAFC 31

Federal Court of Australia

DMH20 v Minister for Home Affairs [2023] FCAFC 31 Appeal from: DMH20 v Minister for Home Affairs [2022] FCA 1054

File number(s): VID 616 of 2022

Judgment of: CHARLESWORTH, THAWLEY AND KENNETT JJ

Date of judgment: 9 March 2023

Catchwords: MIGRATION – appeal from orders dismissing an application for a declaration that it was not reasonably practicable to remove the appellant, an unlawful non-citizen, from Australia in the reasonably foreseeable future – whether primary judge erred by failing to distinguish between the concepts of voluntariness and cooperation –whether primary judge erred in failing to find that it was unlikely that the appellant would become voluntary towards his removal – no error established – appeal dismissed with costs

Legislation: Federal Court of Australia Act 1976 (Cth) – s 21 Migration Act 1958 (Cth) – ss 189, 196, 198, 199, 200 Federal Court Rules 2011 (Cth) – r 30.01

Cases cited: Ainsworth v Criminal Justice Commission [1992] HCA 10; 175 CLR 564 Al-Kateb v Godwin [2004] HCA 37; 219 CLR 562 Arrowcrest Group Pty Ltd v Gill (1993) 46 FCR 90 Chu Kheng Lim v Minister for Immigration, Local Government and Ethnic Affairs [1992] HCA 64; 176 CLR 1 Commonwealth v AJL20 [2021] HCA 21; 273 CLR 43 DMH20 v Minister for Home Affairs [2022] FCA 1054 Nicholls v Michael Wilson & Partners Ltd [2010] NSWCA 222; 243 FLR 177 Plaintiff M47/2018 v Minister for Home Affairs [2019] HCA17; 265 CLR 285 Rural Press Ltd v Australian Competition and Consumer Commission [2003] HCA 75; 216 CLR 53 Sami v Minister for Home Affairs [2022] FCA 1513 Sankey v Whitlam [1978] HCA 43; 142 CLR SHDB v Goodwin [2003] FCA 300 Tobacco Institute of Australia Ltd v Australian Federation of Consumer Organisations [1993] FCA 105; 41 FCR 89