Need to remove ‘transitory person’ upon request?

By
Sergio Zanotti Stagliorio
-

Federal Court. If a 'transitory person' who needs to be in Australia for a temporary purpose makes a written request to be removed from Australia, do they need to be removed? If so, can that person be removed to a place contrary to their wishes? Is the subjective opinion of an officer which determines the application of s 198AH(1A)(c)? Pending removal under s 198(1) or (1A), is a non-citizen to be detained?

Some of the questions to the Federal Court (FCA) were as follows:

Question 1: If a 'transitory person' who needs to be in Australia for a temporary purpose makes a written request to be removed from Australia, do they need to be removed?

Question 2: If the answer to Question 1 is "yes", can that person be removed to a place contrary to their wishes?

Question 3: Is the subjective opinion of an officer which determines the application of s 198AH(1A)(c) of the Migration Act 1958 (Cth)?

Question 4: Pending removal under s 198(1) or (1A), is a non-citizen to be detained?

The FCA answered those questions as follows:

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