MIGRATION - appeal from refusal to grant injunction restraining removal of unlawful non-citizen from Australia pursuant to s 198(6) Migration Act 1958 (Cth) - where officer issued notice of intention to remove unlawful non-citizen under s 198(6) - where non-citizen subsequently made request to Minister under s 48B to consider lifting bar to further application for a protection visa - where Minister's power under s 48B personal and non-compellable - where officers had duty under s 198(6) to remove unlawful non-citizen as soon as reasonably practicable and s 197C makes Australia's non-refoulement obligations irrelevant to performance of duty - whether s 198(6) contains implication that, if realistic possibility that Minister will consider whether to exercise his power under s 48B, no officer can remove an unlawful non-citizen under s 198(6) until the Minister makes decision - held: appeal dismissed.
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