Setback in non-refoulement case

Marshall J has 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 has been filed.