Atkins v Minister for Home Affairs

In *Atkins v Minister for Home Affairs*, heard by Judge Riley, the applicant, an unauthorised maritime arrival, sought to challenge the Minister's decision regarding his removal from Australia. The core of the dispute concerned the application of amendments to the *Migration Act 1958* (Cth) and the *Unauthorised Maritime Arrivals Act 2012* (Cth) to individuals who arrived in Australia before 13 August 2012.

The court was required to determine whether the applicant, as an unauthorised maritime arrival, was subject to mandatory removal to an offshore processing country under section 198AD of the *Migration Act*, as amended. Specifically, the court had to consider the effect of the application provisions within the *Unauthorised Maritime Arrivals Act* and the *Regional Processing Act 2018* (Cth) on individuals who arrived before the specified date. The applicant also raised alternative arguments that he remained an "offshore entry person" under a "parallel version" of the *Migration Act*, or that section 198 of the *Migration Act* mandated his removal from Australia irrespective of detention.

Judge Riley accepted the Minister's submissions, finding that the amendments introduced by the *Unauthorised Maritime Arrivals Act* were not intended to alter the status of individuals who arrived before 13 August 2012. The court held that section 198AD did not operate to require the applicant's removal to an offshore processing country because his arrival predated the commencement date specified in the application provisions. The court also found that the applicant's alternative arguments, concerning his status as an "offshore entry person" under a "parallel version" of the Act and the mandatory removal provisions of section 198, were also unsuccessful, with the court accepting the Minister's submissions that relevant provisions in the *Regional Processing Act* meant the applicant did not need to be removed to a regional processing country.