Immigration law / Immigration Detention

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

3 December 2009 | Judicial Body: Australia: Federal Court | Topic(s): Deportation / Forcible return - Immigration Detention - Rejected asylum-seekers | Countries: Australia - China

12 March 2008 | Judicial Body: Australia: Federal Court | Topic(s): Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Immigration Detention - Persecution based on political opinion - Visas | Countries: Australia - Sri Lanka

Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules

29 April 2004 | Judicial Body: Australia: Federal Court | Topic(s): Immigration Detention | Countries: Australia - Iran, Islamic Republic of