Federal Court of Australia
Federal Court of Australia
FGS20 v Minister for Home Affairs [2021] FCA 874 File number: NSD 705 of 2021
Judgment of: THAWLEY J
Date of judgment: 23 July 2021
Date of publication of reasons: 29 July 2021
Catchwords: MIGRATION – urgent application for interlocutory relief – application for summary dismissal – claim seeking order to provide administrative assistance and facilitation of evacuation of the second to sixth applicants from Afghanistan – first applicant was transferred from Christmas Island to Papua New Guinea then Australia for the temporary purpose of receiving medical treatment – first applicant remains in Australia – first applicant has made a written request for removal to Papua New Guinea – first applicant has sought in the Federal Circuit Court a declaration that his detention is unlawful and an order for his release – Federal Circuit Court judgment reserved and listed for delivery on 3 August 2021 – interlocutory relief refused – application for summary dismissal stood over
Legislation: Federal Court of Australia Act 1976 (Cth) s 31A Federal Court Rules 2011 (Cth) r 26.01(1)(a) Migration Act 1958 (Cth) s 198(1)
Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Bullock v The Federated Furnishing Trades Society of Australasia (No 1) (1985) 5 FCR 464 Payne v Davies [2019] FCA 1506 Shammas v Canberra Institute of Technology [2014] FCA 71 Spencer v Commonwealth of Australia (2010) 241 CLR 118
Division: General Division
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