The Court held that a decision refusing an injunction to prevent removal from Australia does not 'affect liberty' within s 24(1C)(a) of the Federal Court Act where the person remains in immigration detention regardless of the outcome. The Court confirmed that pending requests for the Minister to exercise personal non-compellable powers under ss 48B, 195A, 351 or 417 of the Migration Act do not make removal under s 198(6) unlawful or not 'reasonably practicable', as these powers are non-compellable and create no obligation on the Minister to respond within any timeframe.
The full text is available to signed-in members, including the 14 later cases that cite this judgment.
2 of the 14 citing cases carry a classified treatment. How each court treated it is available to signed-in members.