Federal Court of Australia
Federal Court of Australia
BVZ21 v Minister for Home Affairs [2022] FCA 1344 File number(s): NSD 949 of 2022
Judgment of: WIGNEY J
Date of judgment: 15 November 2022
Catchwords: MIGRATION – applicant an unlawful non-citizen in Australian immigration detention for over seven years – application seeking writ of mandamus requiring Commonwealth to discharge duty to remove as soon as reasonably practicable under s 198 of Migration Act 1958 (Cth) – applicant a New Zealand citizen with protection finding made in respect of return to New Zealand – applicant seeks release from detention and transportation to airport for flight to Greece – issue of Court's jurisdiction to grant relief by operation of s 476A(1) of Migration Act 1958 (Cth) – initial relief more appropriately sought in Federal Circuit and Family Court of Australia – additional issue of whether it is reasonably practicable to remove the applicant in present circumstances – application dismissed
Legislation: Migration Act 1958 (Cth) ss 197C(1)-(9), 198, 198(1), 198(6), 476A(1), 476A(1)(a), 501A(3)
Cases cited: BHL19 v Commonwealth (No 2) [2022] FCA 313 BVZ21 v Commonwealth [2022] FCAFC 122 Chamoun v Commonwealth [2021] FCA 740 Commonwealth v AJL20 (2021) 95 ALJR 567; [2021] HCA 21
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 18
Date of hearing: 9 November 2022
Counsel for the Applicant: The Applicant appeared in person
Counsel for the Respondent: Mr T Reilly
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