Can FCA restrain removal despite s 198(6)?
High Court. In a proceeding for a declaration that an officer exceeded the executive power of the Commonwealth in declining to refer to the Minister a request for intervention under s 195A of the Migration Act 1958 (Cth), can the Federal Court "make an interlocutory order restraining officers from removing the unlawful non‑citizen, notwithstanding the duty imposed on officers by s 198(6) to remove the unlawful non-citizen as soon as reasonably practicable, where the proceeding does not challenge the valid application of s 198(6) to the unlawful non-citizen"?
Tribunal bound by government’s view on seriousness of crime?
Federal Court (Full Court). Para 8.1.1(1)(a)(ii) of Direction 99 required decision-makers to consider that crimes against women "are viewed very seriously by the Australian Government". Did para 8.1.1(1)(a)(ii) require the Tribunal to consider such crimes "very seriously"? May it be "necessary for the decision-maker to take account of facts alleged to underpin a claim that non-refoulement obligations are owed where those facts are relied upon as another basis for revocation of the cancellation decision"?
Federal Circuit and Family Court orders affected with JE of no legal effect?
High Court. Can it be said that "an order of an inferior court that is affected by jurisdictional error has no legal force as an order of that court so that, for example, a failure to obey such an order cannot be a contempt of that court"?
Unincorporated law firm entitled to costs for employed solicitor’s work?
High Court. Does an order for costs in favour of an unincorporated law firm entitle the firm to obtain recompense for legal work performed by an employed solicitor of the firm?
Plaintiff M1 distinguished?
Federal Court. Can it be said that the risk of harm to the applicant from violence and crime upon removal to South Sudan is not reduced by reason that the applicant may make a protection visa application, as such an application may be refused? In other words, should Plaintiff M1 be distinguished?
Clearly expressed conclusion: a mistake?
Federal Court. Was the Applicant inhibited in his task of seeking judicial review within the 35-day statutory deadline, because the reasons for the decision of the Tribunal followed 21 days after the decision was made? Is it for the Court to set to one side a clearly expressed conclusion by the Tribunal on the basis that it may be a mistake?
Is success relevant to ‘formative years’?
Federal Court. Is the question in para 8.3(4)(a)(i) of Direction 99 whether the person was successful in respect of issues such as community participation, employment, or education during his or her formative years relevant in considering whether his or her formative years were spent in Australia? Did para 8.5(2)(a)-(f) exhaustively identify the relevant categories of conduct?
Can FCA hear appeal from habeas corpus?
Federal Court. Does the appellate jurisdiction of the Federal Court encompass an appeal from the issue of a writ of habeas corpus? Is the issue of a writ of habeas corpus interlocutory in nature? Did s 198AD(1) of the Migration Act 1958 (Cth) apply to a person who: (a) has received a favourable exercise of the power in s 46A(2); or is a “fast track applicant” within the meaning of the Act?
JNMQ distinguished?
Federal Court. Was it legally unreasonable for the Minister to find that cancellation of the visa was in the national interest because of the risk to the Australian community, given that the applicant would be in the community in any event due to NZYQ?
When is a citizenship application ‘made’?
Federal Court. Was the day the person made an application for citizenship the day it was dispatched? Or was it made the day it was received by the Minister?