Minister for Immigration and Multicultural Affairs v MZAPC [2025] HCA 5

Minister for Immigration and Multicultural Affairs v MZAPC [2025] HCA 5

Section 198(6) of the Migration Act 1958 (Cth), requiring removal of an unlawful non-citizen as soon as reasonably practicable, does not override the Federal Court’s statutory and incidental power to grant an interlocutory injunction to restrain removal in order to protect the integrity or utility of its own processes, including where proceedings are pending that challenge executive decision-making in relation to non-compellable Ministerial powers. Compliance with a properly granted injunction does not constitute breach of duty under s 198(6).

Parties
Appellants: Minister for Immigration and Multicultural Affairs & Ors; Respondent: MZAPC
Jurisdiction
Australia
Judgment Date
05 March 2025
Procedural Posture
Appeal / Judgment on Appeal From the Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
Executive Power, Interlocutory Injunction, Jurisdiction of Federal Court, Removal of Unlawful Non Citizen, Statutory Construction
Administrative Law Constitutional Law Immigration Law Executive Power Interlocutory Injunction Jurisdiction of Federal Court Removal of Unlawful Non Citizen Statutory Construction

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Parties

Minister for Immigration and Multicultural Affairs & Ors

Appellants

MZAPC

Respondent

Procedural Posture

Appeal / Judgment on Appeal From the Federal Court of Australia

Legal Issues

  1. 1 Whether the Federal Court of Australia has power to grant an interlocutory injunction restraining officers from removing an unlawful non-citizen under s 198(6) of the Migration Act 1958 (Cth) pending the determination of proceedings that do not challenge the valid application of that section.
  2. 2 Whether s 198(6) of the Migration Act 1958 (Cth) accommodates a court-ordered interlocutory injunction, or if it prevents the grant of such relief.
  3. 3 Whether the meaning of 'as soon as reasonably practicable' in s 198(6) precludes removal where court proceedings challenge administrative decision-making around referrals to the Minister.

Ratio Decidendi

Section 198(6) of the Migration Act 1958 (Cth), requiring removal of an unlawful non-citizen as soon as reasonably practicable, does not override the Federal Court’s statutory and incidental power to grant an interlocutory injunction to restrain removal in order to protect the integrity or utility of its own processes, including where proceedings are pending that challenge executive decision-making in relation to non-compellable Ministerial powers. Compliance with a properly granted injunction does not constitute breach of duty under s 198(6).

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.