AHF18 v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2024] FCA 660

The Federal Court lacked jurisdiction to grant an injunction to restrain removal because the removal decision under s 198(6) of the Migration Act is a privative clause decision subject to s 474. No jurisdictional error was identified and no sufficient evidence existed that medical grounds made removal not reasonably practicable.

Jurisdiction: Australia
Judgment Date: 06 June 2024
Procedural Posture: Migration Interlocutory Application / Dismissal of Interlocutory Application With Costs
Outcome: Application dismissed for want of jurisdiction; costs awarded to respondent.
Legal Topics: ['injunction Against Removal of Non Citizen' 'reasonable Practicability Under S 198 Migration Act' 'jurisdiction Under Migration Act Privative Clause']

['migration Law' 'administrative Law'] ['injunction Against Removal of Non Citizen' 'reasonable Practicability Under S 198 Migration Act' 'jurisdiction Under Migration Act Privative Clause']

Case Brief

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Procedural Posture

Migration Interlocutory Application / Dismissal of Interlocutory Application With Costs

Legal Issues

1 ['Whether medical evidence sufficient to grant injunction restraining removal' 'Whether long-term illness prevents reasonable practicability of removal under s 198 Migration Act' 'Whether decision under s 198(6) is a privative clause decision' 'Whether Federal Court has jurisdiction']

Ratio Decidendi

Court Disposition

Application dismissed for want of jurisdiction; costs awarded to respondent.

Orders

['The interlocutory application dated 4 June 2023 be dismissed.' "The applicant pay the respondent's costs as taxed or agreed."]