TCWY v Minister for Immigration and Border Protection [2017] FCA 1276

FEDERAL COURT OF AUSTRALIA

TCWY v Minister for Immigration and Border Protection [2017] FCA 1276 File number: NSD 1268 of 2017

Judge: ROBERTSON J

Date of judgment: 31 October 2017

Catchwords: MIGRATION – appeal from Administrative Appeals Tribunal – decision of Tribunal under s 501CA of the Migration Act 1958 (Cth) – whether Direction No. 65, made by the Minister under s 499 of the Migration Act, does not reflect the applicable law and is therefore an unlawful Direction – whether Tribunal failed to take into consideration a mandatory relevant consideration – s 197C of the Migration Act provided that an officer's duty to remove as soon as reasonably practicable an unlawful non‑citizen under s 198 arose irrespective of whether there has been an assessment, according to law, of Australia's non‑refoulement obligations in respect of the non‑citizen – whether the Tribunal failed to take into consideration s 197C when reviewing the decision of the delegate

Legislation: Migration Act 1958 (Cth) ss 197C, 198, 499, 501CA

Cases cited: DMH16 v Minister for Immigration and Border Protection [2017] FCA 448

Date of hearing: 27 October 2017

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 74

Counsel for the Applicant: Mr M. Finnane QC with Ms E. Grotte

Solicitor for the Applicant: Michaela Byers

Counsel for the Respondent: Ms R. Graycar

Solicitor for the Respondent: Minter Ellison

ORDERS NSD 1268 of 2017

BETWEEN: TCWY Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent