Australia

87 The Minister did not seek to justify PDWL’s continuing detention on any basis other than that a decision had been made under subs 189(1) of the Migration Act. For the reasons just given, subs 189(1) of the Migration Act can provide no justification for the continuing detention of PDWL. It follows that he is currently being unlawfully detained. That state of affairs should be immediately remedied. The appropriate remedy is an order that he be immediately released. I do not consider that it is necessary or useful to express that order in terms of the issue of a writ of habeas corpus, or an order in the nature of habeas corpus. As PDWL has been brought before the Court, it is unnecessary to direct that the Minister or any particular officer who is responsible for his detention release PDWL from detention. It is sufficient that I simply order his release forthwith.

17 March 2020 | Judicial Body: Australia: Federal Court | Document type: Case Law | Topic(s): Habeas corpus - Immigration Detention - Right to liberty and security | Countries: Afghanistan - Australia

Application made by summons for an interlocutory injunction restraining the defendants or any officer, servant or agent of the defendants from detaining the plaintiff and/or for an order that the plaintiff be released from detention.

19 January 2011 | Judicial Body: Australia: Federal Magistrates Court | Document type: Case Law | Topic(s): Asylum-seekers - Illegal entry - Immigration Detention - Rescue at sea / Interception at sea - Right to liberty and security - Unaccompanied / Separated children | Countries: Afghanistan - Australia

Human Rights Committee, Ninety-seventh session, 12 to 30 October 2009. Adopted in English, French and Spanish, the English text being the original version.

23 November 2009 | Judicial Body: UN Human Rights Committee (HRC) | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Death penalty - Deportation / Forcible return - Non-refoulement - Right to liberty and security - Right to life | Countries: Australia - China

14 December 2006 | Judicial Body: Australia: High Court | Document type: Case Law | Topic(s): Non-state agents of persecution - Persecution based on political opinion - Political parties - Right to liberty and security - Well-founded fear of persecution | Countries: Australia - Sri Lanka