Federal Court (Full Court). Are all duties of care discharged by the exercise of reasonable care, without imposing more stringent or onerous burdens? If so, does it necessarily follow that "a duty to achieve a particular result (eg confining the appellant’s detention to a specified duration) is not one that the law of tort would impose"?
Some of the questions to the Full Court of the Federal Court (FCAFC) were as follows:
Question 1: At the point in time where the relevant 'temporary purpose' for which a 'transitory person' was brought to Australia no longer requires them to be in Australia, is s 198 of the Migration Act 1958 (Cth) not prevented from applying, with the consequence that a written request by the person to be removed from Australia can trigger an obligation under s 198(1) to remove the person?
Question 2: Are all duties of care discharged by the exercise of reasonable care, without imposing more stringent or onerous burdens?
Question 3: If the answer to Question 2 is 'yes', does it necessarily follow that "a duty to achieve a particular result (eg confining the appellant’s detention to a specified duration) is not one that the law of tort would impose"?
The FCAFC answered those questions as follows: