Case Law

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 | Topic(s): Habeas corpus - Immigration Detention - Right to liberty and security | Countries: Afghanistan - Australia

9 September 2019 | Judicial Body: Australia: Federal Court | Topic(s): Female genital mutilation (FGM) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) | Countries: Australia - Nigeria

whether the meaning of “a national” as appears in the definition of “receiving country” in s 5 of the Migration Act 1958 (Cth) applies to a person who does not have a present status of a citizen of another country but is capable of acquiring that status – meaning does not apply in such a circumstance

24 June 2019 | Judicial Body: Australia: Federal Court | Topic(s): Citizenship / Nationality law - Statelessness | Countries: Australia - India - Sri Lanka

whether a law is of general application – whether a law is appropriate and adapted to some legitimate object in the country in question

14 May 2019 | Judicial Body: Australia: Federal Court | Topic(s): Public health - Social group discrimination | Countries: Australia - Bangladesh

3 October 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): Armed groups / Militias / Paramilitary forces / Resistance movements - Discrimination based on race, nationality, ethnicity - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Pashtun - Persecution based on political opinion | Countries: Australia - Pakistan