A Federal Court judge has blasted Acting Immigration Minister Alan Tudge for leaving a man in immigration detention after he was granted a protection visa | MWhitbourn
A Federal Court judge has blasted acting Immigration Minister Alan Tudge for leaving a man in immigration detention after he was granted a protection visa, in the latest in a series of excoriating decisions about the federal government's immigration policy.
"In the absence of explanation, the Minister has engaged in conduct which can only be described as criminal," Justice Flick said. The man successfully sought a review of the decision in the AAT, which took the unusual step of granting a protection visa on March 11 rather than remitting it to the minister for reconsideration.the man be released from immigration detention and said the minister "or officers in his Department, cannot simply ignore, or decide to give no effect to, a decision of the Tribunal simply because they do [not] like it or believe it is wrong".
"The Minister cannot place himself above the law and, at the same time, necessarily expect that this Court will grant discretionary relief. The Minister has acted unlawfully," Justice Flick said.
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