AZC20 v Minister for Home Affairs [2021] FCA 1234

Federal Court of Australia

AZC20 v Minister for Home Affairs [2021] FCA 1234 File number: VID 89 of 2021 VID 503 of 2021

Judgment of: RANGIAH J

Date of judgment: 13 October 2021

Catchwords: MIGRATION LAW – Migration Act 1958 (Cth) – detention of unlawful non-citizen under s 189 for eight years – where applicant unauthorised maritime arrival – application for habeas corpus and other relief –– application for mandamus to compel removal to regional processing country – held that s 198AD applies to the applicant – order made to compel performance of duty under s 198AD(2) to take applicant to a regional processing country – where applicant seeks to be detained at private residence pending removal – consideration of Court's power to make directions as to place and mode of detention – order made that applicant be detained at private residence pending performance of duty under s 198AD(2)

Legislation: Federal Court of Australia Act 1976 (Cth) ss 23, 24, 32AB, 33, 37N Migration Act 1958 (Cth) ss 5, 5AA, 13, 14, 46A, 189, 195A, 196, 197AB, 198, 198AA, 198AD, 198AE, 198AF, 198AG, 198AH, 198B, 199, 200, 245F, 249, 273, 473BA, 473BB, 473DB, 473DC, 473DD, 473DE, 473DF, 501, Part 7AA Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Act 2013 (Cth) Migration Legislation Amendment (Regional Processing and Other Measures) Act 2012 (Cth) s 25 Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth) Explanatory Memorandum, Migration Legislation Amendment (Regional Processing and Other Measures) Bill 2011 (Cth) Explanatory Memorandum, Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Bill 2014 (Cth) Minister for Home Affairs (Cth), Migration (Direction for Regional Processing Countries) Instrument 2021