Federal Court of Australia
Federal Court of Australia
Michael Trail (A Pseudonym) v Secretary, Department of Home Affairs [2023] FCA 1061 File number(s): NSD 1318 of 2021
Judgment of: HALLEY J
Date of judgment: 8 September 2023
Catchwords: MIGRATION – where applicant is an unlawful non-citizen in Australian immigration detention – where applicant is stateless – application seeking writ of mandamus requiring Commonwealth to discharge duty to remove as soon as reasonably practicable under s 198(6) of the Migration Act 1958 (Cth) – whether respondent has breached duty under s 198(6) by failing to take steps to make special approaches to remove the applicant to Australia's "Five Eyes partners", namely, United States of America, United Kingdom, Canada and New Zealand – where unlikely applicant can be removed to another country in the foreseeable future – application dismissed
Legislation: Federal Court of Australia Act 1975 (Cth) s 32AD Migration Act 1958 (Cth) ss 189, 196, 198, 476A
Cases cited: AJL20 v Commonwealth of Australia [2020] FCA 1305 Al-Kateb v Godwin (2004) 219 CLR 562; [2004] HCA 37 AOU21 v Minister for Home Affairs [2021] FCAFC 60 BHL19 v Commonwealth of Australia (No 2) [2022] FCA 313 BVZ21 v Minister for Home Affairs [2022] FCA 1344 Commonwealth of Australia v AJL20 (2021) 273 CLR 43; [2021] HCA 21 Habib v Commonwealth (No 2) (2009) 175 FCR 350; [2009] FCA 228 M38/2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 131 FCR 146; [2003] FCAFC 131 Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594; [2011] HCA 1 Plaintiff M47/2018 v Minister for Home Affairs (2019) 265 CLR 285; [2019] HCA 17 Plaintiff M64/2015 v Minister for Immigration and Border Protection (2015) 258 CLR 173; [2015] HCA 50 R v Burgess; Ex parte Henry (1936) 55 CLR 608; [1936] HCA 52 SZVCN v Minister for Immigration & Anor [2016] FCCA 431 Tran v Commonwealth of Australia [2021] FCA 580 WAJZ, WAKA, WAGF, WAKB, WAKE and WADX v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) [2004] FCA 1332
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