Federal Court of Australia
Federal Court of Australia
Minister for Immigration, Citizenship and Multicultural Affairs v SZRWS [2023] FCAFC 83 Appeal from: SZRWS v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 3) [2022] FedCFamC2G 447
File number(s): NSD 513 of 2022
Judgment of: PERRAM, PERRY AND THAWLEY JJ
Date of judgment: 30 May 2023
Catchwords: MIGRATION - appeal from orders of the Federal Circuit and Family Court of Australia (Division 2) - where Commonwealth policy restricts certain food being brought into immigration detention centres by visitors - whether s 273(1) of the Migration Act 1958 (Cth) authorises contracted third party to exclude visitors in accordance with policy - power to establish and maintain detention centre
Legislation: Migration Act 1958 (Cth) ss 5(1), 189(1), 196(1), 273(1), 273(2), 252G
Cases cited: ARJ17 v Minister for Immigration and Border Protection [2018] FCAFC 98; 257 FCR 1 SZRWS v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 3) [2022] FedCFamC2G 447; 369 FLR 167
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 55
Date of hearing: 28 November 2022
Counsel for the Appellants: Mr P Herzfeld SC with Ms A Hammond
Solicitor for the Appellants: Australian Government Solicitor
Counsel for the Respondent: Mr M Seymour with Ms M Gerace
Solicitor for the Respondent: Holding Redlich
ORDERS NSD 513 of 2022
BETWEEN: MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS First Appellant
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