Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AFX17 v Minister for Home Affairs (No 4) [2020] FCA 926 File number: NSD 550 of 2020
Judge: FLICK J
Date of judgment: 2 July 2020
Catchwords: MIGRATION – order made requiring Minister to make a decision – repeated applications to vary the order PRACTICE AND PROCEDURE – inadequate explanation for further variation of orders – inadequacy of explanation provided by solicitor on instructions – contempt – potential need for personal explanation for any non-compliance – whether order should be made directing contempt proceedings prior to non-compliance
Legislation: Migration Act 1958 (Cth) s 501A
Cases cited: AFX17 v Minister for Home Affairs [2020] FCA 807 AFX17 v Minister for Home Affairs (No 2) [2020] FCA 858 AFX17 v Minister for Home Affairs (No 3) [2020] FCA 890 KDSP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 108 Minister for Home Affairs v AFX17 [2020] FCA 903
Date of hearing: 2 July 2020
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 9
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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