Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AFX17 v Minister for Home Affairs (No 3) [2020] FCA 890 File number: NSD 550 of 2020
Judge: FLICK J
Date of judgment: 24 June 2020
Catchwords: IMMIGRATION – necessity for a Minister to act in accordance with law – failure to do so PRACTICE AND PROCEDURE – order made on basis that a decision of a single Judge was not clearly wrong – liberty to apply – subsequent decision of Full Court – variation of order previously made
Legislation: Federal Court of Australia Act 1976 (Cth) s 37AF Migration Act 1958 (Cth) ss 501, 501A
Cases cited: AFX17 v Minister for Home Affairs [2020] FCAFC 807 AFX17 v Minister for Home Affairs (No 2) [2020] FCAFC 858 BAL19 v Minister for Home Affairs [2019] FCA 2189 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107, (2017) 252 FCR 352 KDSP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 108
Date of hearing: 24 June 2020
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 22
Counsel for the Applicant: Ms M Yu
Solicitor for the Applicant: Human Rights for All
Solicitor for the Respondents: Ms D Watson of Australian Government Solicitor
ORDERS NSD 550 of 2020
BETWEEN: AFX17 Applicant
AND: MINISTER FOR HOME AFFAIRS First Respondent
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