DBE17 (by his litigation guardian Marie Theresa Arthur) v Commonwealth of AustraliaCitation:[2019] HCA 47Before:Nettle JDate:06 Dec 2019Case Number:M124/2019Read more
The proceeding could not be remitted to the Federal Court because it related to a migration decision and raised issues in connection with visas or removal of unlawful non-citizens, thus falling within the statutory prohibitions.
- Parties
- Plaintiff: Plaintiff; Represented Parties: Group Members
- Jurisdiction
- Australia
- Judgment Date
- 06 December 2019
- Procedural Posture
- Representative Proceeding / Application for Remittal to Federal Court
- Outcome
- application for remittal dismissed
- Legal Topics
- False Imprisonment, Representative Proceedings, Remittal of Proceedings, Migration Decisions
Case Brief
Summary, issues, holding and outcome
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Parties
Plaintiff
Plaintiff
Group Members
Represented Parties
Procedural Posture
Representative Proceeding / Application for Remittal to Federal Court
Legal Issues
- 1 Whether the proceeding relates to a migration decision under the Migration Act 1958 (Cth)
- 2 Whether the proceeding raises an issue in connection with visas or removal of unlawful non-citizens under s 486B of the Migration Act
- 3 Whether the High Court can remit the proceeding to the Federal Court under s 44(2A) of the Judiciary Act 1903 (Cth)
Ratio Decidendi
The proceeding could not be remitted to the Federal Court because it related to a migration decision and raised issues in connection with visas or removal of unlawful non-citizens, thus falling within the statutory prohibitions.
Court Disposition
application for remittal dismissed
Orders
- The application for remittal to the Federal Court is dismissed.
Full Case Text
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