Deng v The Australian Capital Territory & Ors

[2024] HCASL 189

DENG

v

THE AUSTRALIAN CAPITAL TERRITORY & ORS

[2024] HCASL 189
C6/2024

1. The applicant seeks special leave to appeal on two grounds from a judgment of the Court of Appeal of the Australian Capital Territory (McCallum CJ, Mossop and McWilliam JJ), which dismissed an appeal from a judgment of the Supreme Court of the Australian Capital Territory (Loukas-Karlsson J).

2. The first ground, concerning whether the remand orders were issued without jurisdiction, has no prospects of success. The second ground, concerning the scope of s 18(1) of the Human Rights Act 2004 (ACT), has insufficient prospects of success and the proposed appeal is an unsuitable vehicle for the consideration of s 18(1).

3. Special leave to appeal is refused with costs.

   Gageler CJ
   Gordon J
   Edelman J
   Steward J
   Gleeson J
   Jagot J
   Beech-Jones J

   8 August 2024