Federal Court of Australia
Federal Court of Australia
AHF18 v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2024] FCA 660 File number(s): NSD 975 of 2022
Judgment of: BROMWICH J
Date of judgment: 6 June 2024
Catchwords: MIGRATION – injunction sought to restrain removal of non-citizen – whether medical evidence sufficient to grant injunction – whether long-term illness prevents "reasonable practicability" of removal in accordance with s 198 of the Migration Act 1958 (Cth) – whether s 198(6) decision a privative clause decision – whether the Federal Court of Australia has jurisdiction – application dismissed for want of jurisdiction; no absence of reasonable practicability established in any event
Legislation: Migration Act 1958 (Cth) ss 48B(1), 198(6)(a), (b), (c)(i) and (d), 474(1), (2), (3), (4) and (5)
Cases cited: AHF18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1283 Beyazkilinc v Manager, Baxter Immigration Reception and Processing Centre [2006] FCA 1368; 155 FCR 465 M38/2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 131; 131 FCR 146 NATB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 292; 133 FCR 506
Division: General Division
Registry: New South Wales
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