DMH20 v Minister for Home Affairs [2022] FCA 1054

DMH20 v Minister for Home Affairs [2022] FCA 1054

The applicant has not established that it will not become reasonably practicable to remove him from Australia or that there is no real likelihood or prospect of removal in the reasonably foreseeable future; removal remains possible if he cooperates, and Departmental efforts are ongoing. Non-cooperation precludes the requisite factual finding.

Jurisdiction
Australia
Judgment Date
08 September 2022
Procedural Posture
Originating Application for Declaratory Relief / Final Judgment Following Hearing
Outcome
Declaration refused; no factual basis established for declaration sought.
Legal Topics
['immigration Detention' 'deportation' 'indefinite Detention' 'removal of Unlawful Non Citizens' 'ministerial Intervention' 'character Grounds']
['migration Law' 'administrative Law' 'constitutional Law'] ['immigration Detention' 'deportation' 'indefinite Detention' 'removal of Unlawful Non Citizens' 'ministerial Intervention' 'character Grounds']

Case Brief

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Procedural Posture

Originating Application for Declaratory Relief / Final Judgment Following Hearing

Legal Issues

  1. 1 ['Whether it is reasonably practicable to remove the applicant from Australia in the reasonably foreseeable future' 'Whether a factual declaration should be made regarding prospects of removal' "Whether applicant's non-cooperation affects removal prospects"]

Ratio Decidendi

The applicant has not established that it will not become reasonably practicable to remove him from Australia or that there is no real likelihood or prospect of removal in the reasonably foreseeable future; removal remains possible if he cooperates, and Departmental efforts are ongoing. Non-cooperation precludes the requisite factual finding.

Court Disposition

Declaration refused; no factual basis established for declaration sought.

Orders

  • ['Within 14 days of these orders, the parties are to confer and submit agreed or competing short minutes of order giving effect to these reasons.']