Federal Court. In NATB, the FCAFC held that the reference to reasonable practicability in s 198AD "does not require an officer to take into account what is likely, or even virtually certain, to befall the unlawful non-citizen after removal is complete". In MB v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs  FCA 442, the FCA then held that the applicant in that case was "entitled to have his claims for protection in respect of Nauru determined and, if found to be well founded, not to be refouled to Nauru". Can MB be reconciled with NATB?
The Federal Court answered the above question as follows:
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