Federal Court of Australia
Federal Court of Australia
AGP21 v Minister for Home Affairs [2021] FCA 281 File number: NSD 60 of 2021
Judgment of: FLICK J
Date of judgment: 29 March 2021
Catchwords: MIGRATION – transfer to Australia for medical treatment – request to be returned – flights booked – refusal to be returned – application for immediate release from detention – application refused
Legislation: Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 198, 198AD, 198AH
Cases cited: Plaintiff M96A/2016 v Commonwealth of Australia [2017] HCA 16, (2017) 261 CLR 582
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 27
Date of hearing: 17 March 2021
Solicitor for the Applicants: Mr D Taylor of Sydney West Legal and Migration
Counsel for the Respondents: Mr P Herzfeld SC with Mr C Tran and Ms N Wootton
Solicitor for the Respondents: Australian Government Solicitor
ORDERS NSD 60 of 2021
BETWEEN: AGP21 First Applicant
AGQ21 Second Applicant
AGR21 Third Applicant AGS21 Fourth Applicant
AND: MINISTER FOR HOME AFFAIRS First Respondent
MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS Second Respondent
order made by: FLICK J DATE OF ORDER: 29 MARCH 2021
THE COURT ORDERS THAT: 1. The Amended Application for Interlocutory Relief filed on 23 February 2021 is dismissed. 2. The hearing be expedited. 3. Costs reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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