Australia: Federal Court

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

9 September 2019 | Judicial Body: Australia: Federal Court | Document type: Case Law | 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 | Document type: Case Law | 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 | Document type: Case Law | Topic(s): Public health - Social group discrimination | Countries: Australia - Bangladesh

5 March 2015 | Judicial Body: Australia: Federal Court | Document type: Case Law | Topic(s): Acts of persecution - Administrative law - Rule of law / Due process / Procedural fairness - Visas | Countries: Australia - Nepal

11 February 2015 | Judicial Body: Australia: Federal Court | Document type: Case Law | Topic(s): Appeal / Right to appeal - Discrimination based on race, nationality, ethnicity - Grounds for persecution | Countries: Australia - Sri Lanka

23 January 2015 | Judicial Body: Australia: Federal Court | Document type: Case Law | Topic(s): Appeal / Right to appeal - Humanitarian protection (including tolerated stay) - Persecution on the basis of sexual orientation or gender identity - Visas | Countries: Australia - Namibia

3 November 2014 | Judicial Body: Australia: Federal Court | Document type: Case Law | Topic(s): Administrative law - Flight by land, air or sea - Torture | Countries: Australia - Sri Lanka

3 September 2014 | Judicial Body: Australia: Federal Court | Document type: Case Law | Topic(s): Discrimination based on race, nationality, ethnicity - Kurd - Prison or detention conditions - Social group persecution - Statelessness | Countries: Australia - Iran, Islamic Republic of

22 August 2014 | Judicial Body: Australia: Federal Court | Document type: Case Law | Topic(s): Complementary forms of protection | Countries: Australia - Iran, Islamic Republic of