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TCWY v Minister for Immigration and Border Protection [2017] FCA 1276

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MIGRATION - appeal from Administrative Appeals Tribunal - decision of Tribunal under s 501CA of the Migration Act 1958 (Cth) - whether Direction No. 65, made by the Minister under s 499 of the Migration Act, does not reflect the applicable law and is therefore an unlawful Direction - whether Tribunal failed to take into consideration a mandatory relevant consideration - s 197C of the Migration Act provided that an officer's duty to remove as soon as reasonably practicable an unlawful non-citizen under s 198 arose irrespective of whether there has been an assessment, according to law, of Australia's non-refoulement obligations in respect of the non-citizen - whether the Tribunal failed to take into consideration s 197C when reviewing the decision of the delegate

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