Afghanistan

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

10 December 2013 | Judicial Body: Australia: Federal Court | Document type: Case Law | Topic(s): Persecution based on political opinion - Social group persecution | Countries: Afghanistan - Australia

18 April 2012 | Judicial Body: Australia: Federal Court | Document type: Case Law | Topic(s): Hazara - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Shia | Countries: Afghanistan - Australia

27 March 2012 | Judicial Body: Australia: Federal Court | Document type: Case Law | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Rule of law / Due process / Procedural fairness | Countries: Afghanistan - Australia

20 January 2012 | Judicial Body: Australia: Federal Court | Document type: Case Law | Topic(s): Rule of law / Due process / Procedural fairness | Countries: Afghanistan - Australia

30 November 2006 | Judicial Body: Australia: Federal Court | Document type: Case Law | Topic(s): Cessation clauses - Changes of circumstances in home country - Non-state agents of persecution - Persecution based on political opinion - Racial / Ethnic persecution | Countries: Afghanistan - Australia

Includes Corrigendum dated 19 May 2007.

12 May 2006 | Judicial Body: Australia: Federal Court | Document type: Case Law | Topic(s): Cessation clauses - Changes of circumstances in home country - Temporary protection - Well-founded fear of persecution | Countries: Afghanistan - Australia

24 February 2006 | Judicial Body: Australia: Federal Court | Document type: Case Law | Topic(s): Agents of persecution - Social group persecution - Temporary protection | Countries: Afghanistan - Australia

27 July 2005 | Judicial Body: Australia: Federal Court | Document type: Case Law | Topic(s): Temporary admission - Temporary protection - Visas | Countries: Afghanistan - Australia

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15 July 2005 | Judicial Body: Australia: Federal Court | Document type: Case Law | Topic(s): Social group persecution - Temporary admission - Temporary protection - Visas - Well-founded fear of persecution | Countries: Afghanistan - Australia