BJA18 v Minister for Home Affairs [2018] FCA 440

BJA18 v Minister for Home Affairs [2018] FCA 440

Section 198(6) of the Migration Act 1958 (Cth) mandates removal of the applicant; there is no relevant discretion for the Court to intervene, even in compelling circumstances; applicant's grounds for relief have no merit.

Jurisdiction
Australia
Judgment Date
20 March 2018
Procedural Posture
Urgent Interlocutory Application / Application for Urgent Injunction Dismissed
Outcome
Application dismissed with costs; confidentiality and non-publication orders made.
Legal Topics
['interlocutory Injunctions' 'jurisdiction of Federal Court' 'removal of Unlawful Non Citizens' "non Publication of Applicant's Name"]
['administrative and Constitutional Law and Human Rights' 'migration'] ['interlocutory Injunctions' 'jurisdiction of Federal Court' 'removal of Unlawful Non Citizens' "non Publication of Applicant's Name"]

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Procedural Posture

Urgent Interlocutory Application / Application for Urgent Injunction Dismissed

Legal Issues

  1. 1 ['Whether grounds of application are reasonably arguable to grant relief' 'Whether Court has jurisdiction under s 476A of the Migration Act 1958 (Cth)' 'Whether Court has jurisdiction under s 39B of the Judiciary Act 1903 (Cth)' 'Whether applicant must be removed pursuant to s 198(6) of the Migration Act 1958 (Cth)' "Non-publication of applicant's name under s 91X of the Migration Act 1958 (Cth)"]

Ratio Decidendi

Section 198(6) of the Migration Act 1958 (Cth) mandates removal of the applicant; there is no relevant discretion for the Court to intervene, even in compelling circumstances; applicant's grounds for relief have no merit.

Court Disposition

Application dismissed with costs; confidentiality and non-publication orders made.

Orders

  • ['The application filed on 19 March 2018 be dismissed.' "The applicant is to pay the respondent's costs of the application." "The application be amended by substituting an appropriate pseudonym for the applicant's name for the purposes of s 91X of the Migration Act 1958 (Cth)." "To the extent that the applicant's...