Non-refoulement cases

Marshall J held that s. 198 of the Migration Act, which authorises “removal” of unlawful non-citizens is not subject to any limitation by reference to Australia’s non-refoulement obligations under Article 33 of the Refugees Convention.

His ruling is at http://www.austlii.edu.au/au/cases/cth/federal_ct/2003/458.html

It was decided on 15 May 2003

An appeal was heard on 28 May, and refused: http://www.austlii.edu.au/au/cases/cth/FCAFC/2003/131.html .

An application for special leave to appeal to the High Court has been filed.

On 15 August, a Full Court granted leave to appeal from a decision striking out a non-refoulement application in NATB
see: http://www.austlii.edu.au/au/cases/cth/FCAFC/2003/185.html

Judges in various registries have granted injunctions restraining removal pending determination of the special leave application in M38 and the appeal in NATB.

On 27 August, in SAAK Mansfield J refused to grant an injunction to restrain removal, saying that in his view M38 was correctly decided. Nevertheless, he granted leave to appeal, and he granted an injunction restraining removal pending the appeal. . Reasons at: http://www.austlii.edu.au/au/cases/cth/federal_ct/2003/921.html