AZC20 v Minister for Home Affairs

In AZC20 v Minister for Home Affairs, the Federal Court of Australia considered an application by an Iranian citizen, who had arrived in Australia by boat in 2013, for habeas corpus and other relief, as well as a mandamus application for removal to a regional processing country. The applicant had been held in various detention facilities since his arrival and had not been taken to a regional processing country. The Court was required to decide whether section 198AD of the Migration Act 1958 (Cth) applied to the applicant and if so, whether the Minister for Home Affairs was under a duty to remove him to a regional processing country, and what arrangements should be made for his detention pending removal.

The Court found that section 198AD applied to the applicant, and that the Secretary of the Department of Home Affairs was under a duty to remove the applicant to a regional processing country as soon as reasonably practicable. The Court rejected the Minister's argument that section 198AD did not apply to the applicant and accepted the applicant's submission that it was reasonably practicable to remove him to Nauru. The Court ordered the Secretary to perform the duty under section 198AD(2) of the Act to take the applicant from Australia to a regional processing country. The Court also ordered that the applicant be detained at a private residence pending performance of this duty, subject to the parties participating in mediation to reach agreement on the arrangements for the detention. The application for a writ of habeas corpus was dismissed, and costs orders were made in favour of the applicant.

In summary, the Court found that the applicant was subject to section 198AD of the Migration Act and that the Minister was under a duty to remove him to a regional processing country. The Court made orders compelling the performance of this duty and directing that the applicant be detained at a private residence pending removal. The Court also dismissed the applicant's application for a writ of habeas corpus and made orders as to costs.