AKU21 v Minister for Home Affairs [2022] FCA 1061

Federal Court of Australia

AKU21 v Minister for Home Affairs [2022] FCA 1061 File number(s): NSD 117 of 2021

Judgment of: THAWLEY J

Date of judgment: 8 September 2022

Catchwords: MIGRATION – application for order for mandatory injunction directed to first and third respondents to cease breaching a contended duty of care – claim for damages against first and third respondents for alleged breach of duty of case arising out or "regional processing" of "transitory persons" – whether Commonwealth owes duty of care –proceeding heard on 1 July 2022 – judgment reserved – interlocutory application brought after judgment reserved for order for mandatory injunction directed to first and third respondents to offer removal of applicants and second respondent from Papua New Guinea to Australia or safe third country – application and interlocutory application dismissed

Legislation: Migration Act 1958 (Cth) ss 5, 5AA, 189, 198AA, 198AB, 198AD, 198AE, 198AHA, 198B

Cases cited: Australian Broadcasting Corporation v O'Neill [2006] HCA 46; 227 CLR 57 Caltex Refineries (Qld) Pty Ltd v Stavar [2009] NSWCA 258; 75 NSWLR 649 FRM17 v Minister for Home Affairs (2019) 271 FCR 254 Council of the Shire of Sutherland v Heyman [1985] HCA 41; 157 CLR 424 Crimmins v Stevedoring Industry Finance Committee (1999) 200 CLR 1 Graham Barclay Oysters Pty Ltd v Ryan [2002] HCA 54; 211 CLR 540 Plaintiff M68/2015 v Minister for Immigration and Border Protection [2016] HCA 1; 257 CLR 42 Plaintiff S99/2016 v Minister for Immigration and Border Protection [2016] FCA 483; 243 FCR 17