SZSZM v Secretary, Department of Immigration and Border Protection

In the case of SZSZM v Secretary, Department of Immigration and Border Protection, the Federal Court was called upon to determine whether the respondent had breached section 198(1) of the Migration Act 1958 (Cth) in relation to the removal of the applicant from Australia. The applicant, an unlawful non-citizen, had requested his removal from Australia under section 198(1) and the court was tasked with examining the actions of the Secretary in response to that request. The legal issues centred on whether the Secretary had taken all reasonable and practical steps to remove the applicant from Australia within a reasonable time and whether the Secretary's conduct amounted to a breach of the statutory requirement.

The court examined the evidence and submissions provided by both parties, focusing on the reasonable steps taken by the Secretary to facilitate the applicant's removal. The Secretary had made several attempts to coordinate with the Consulate General of Pakistan, including forwarding documentation and seeking updates on the status of the applicant's passport. The court found that despite the delays caused by the internal processes of the Pakistani bureaucracy, the Secretary's actions were reasonable and that the delays were not due to any failure on the Secretary's part. The court also considered the arguments regarding the persistence of inquiries and the provision of specific documentation by the Secretary but concluded that these factors did not contribute to the delays experienced. The court ultimately found that the Secretary had not breached section 198(1) of the Migration Act.

The orders of the court varied the earlier order to address the specific question of whether the respondent breached section 198(1) and answered that question in the negative. The applicant was required to pay the respondent's costs of the hearing of the separate question as taxed or agreed.