Federal Court of Australia
Federal Court of Australia
CZCV v Commonwealth of Australia [2020] FCA 1864 File number(s): WAD 275 of 2020
Judgment of: RANGIAH J
Date of judgment: 23 December 2020
Catchwords: MIGRATION – interlocutory application for release of applicant from detention – where visa was mandatorily cancelled pursuant to s 501(3A) of the Migration Act 1994 (Cth) – whether detention was "as a result of" the visa cancellation for the purposes of s 196(4) – application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) s 23 Migration Act 1994 (Cth) ss 14, 189, 196, 198, 501 and 501CA Migration Amendment (Duration of Detention) Bill 2003 (Cth)
Cases cited: AFF20 v Minister for Home Affairs [2020] FCA 546 AJL20 v Commonwealth of Australia [2020] FCA 1305 Applicant in WAD 230/2014 v Minister for Immigration & Border Protection [2014] FCA 1351 Durani v Minister for Immigration and Border Protection (2013) 223 FCR 391 Ongel v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 239
Division: General Division
Registry: Western Australia
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 18
Date of hearing: 23 December 2020
Counsel for the Applicant: Mr V Ghosh
Solicitor for the Applicant: SCALES Community Legal Centre
Counsel for the Respondent: Mr C Tran with Ms N Wootton
Solicitor for the Respondent: Australian Government Solicitor
ORDERS WAD 275 of 2020
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate