Federal Court of Australia
Federal Court of Australia
AGH21 v Minister for Home Affairs [2021] FCA 452 File number: NSD 57 of 2021
Judgment of: FLICK J
Date of judgment: 5 May 2021
Catchwords: ADMINISTRATIVE LAW – application for mandamus – failure to identify any public duty MIGRATION – application to be returned to Papua New Guinea – applicant granted bridging visa PRACTICE AND PROCEDURE – query as to power to grant mandamus on an interlocutory application
Legislation: Migration Act 1958 (Cth) ss 198, 198AD
Cases cited: Plaintiff M61/ 2010E v The Commonwealth [2010] HCA 41, (2010) 243 CLR 319 R v Commonwealth Court of Conciliation and Arbitration; Ex parte Ozone Theatres (1949) 78 CLR 389 R v Victorian Licensing Court; Ex parte Beggs [1964] VR 48 Re Australian Bank Employees' Union; Ex parte Citicorp Australia Ltd (1989) 167 CLR 513 Re Reith; Ex parte Hollier (1998) 72 ALJR 1412 The King v War Pensions Entitlement Appeal Tribunal; Ex parte Bott (1933) 50 CLR 228
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 22
Date of hearing: 16 March 2021
Counsel for the Applicant: Mr J F Gormly
Solicitor for the Applicant: 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 57 of 2021
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