Federal Court. Did the respondents owe a duty of care to limit the duration of the applicant’s detention to that required for the purpose of his removal from Australia as soon as reasonably practicable from the time of his written request to be removed made under s 198(1) of the Migration Act 1958 (Cth)?
The Applicant made a request for his removal from Australia under s 198(1) of the Migration Act 1958 (Cth), which provided: "An officer must remove as soon as reasonably practicable an unlawful non-citizen who asks the Minister, in writing, to be so removed."
The respondents were: MINISTER FOR HOME AFFAIRS; MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS; COMMONWEALTH OF AUSTRALIA; SECRETARY OF THE DEPARTMENT OF HOME AFFAIRS
The Federal Court answered that question as follows: