AZC20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

Constitutional Law (Cth) – Judicial power of the Commonwealth – Jurisdiction – Appeals – Meaning of "matter" – Where appellant commenced proceedings in Federal Court of Australia seeking mandamus to require Secretary of Department of Home Affairs to remove him from Australia to a regional processing country under s 198AD(2) of Migration Act 1958 (Cth) – Where Federal Court made orders declaring s 198AD(2) of Act applied to appellant, requiring Secretary to perform duty under s 198AD(2) as soon as reasonably practicable, and requiring appellant be detained in immigration detention at a residential address pending removal to a regional processing country – Where Minister for Home Affairs subsequently exercised power under s 198AE(1) of Act to determine duty under s 198AD(2) did not apply to appellant – Where respondents sought to appeal primary judge's orders to Full Court of the Federal Court of Australia – Where at time of appeals primary judge's orders did not have any operative legal effect – Whether there was a "matter" within meaning of Ch III of Constitution at time Full Court made orders determining appeals – Whether there was a justiciable controversy before Full Court – Whether Full Court had jurisdiction to determine appeals.

Words and phrases – "advisory opinion", "appellate jurisdiction", "federal jurisdiction", "immediate right, duty or liability", "judicial power of the Commonwealth", "jurisdiction", "justiciable controversy", "matter", "standing".

Constitution – Ch III.

Federal Court of Australia Act 1976 (Cth) – s 24.

Migration Act 1958 (Cth) – ss 198, 198AD, 198AE.