Administration of justice / Habeas corpus

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

Courts — Jurisdiction — Habeas corpus — Exceptions to exercise of jurisdiction by provincial superior courts — Immigration detainee applying for habeas corpus — Superior court declining jurisdiction to hear application on basis that detention review scheme in Immigration and Refugee Protection Act is complete, comprehensive and expert statutory scheme providing for review at least as broad as that available by way of habeas corpus and no less advantageous — Whether superior court erred in declining jurisdiction — Immigration and Refugee Protection Act, S.C. 2001, c. 27.

10 May 2019 | Judicial Body: Canada: Supreme Court | Topic(s): Arbitrary arrest and detention - Habeas corpus - Right to liberty and security | Countries: Canada - Pakistan

this Court is of the view that the continued detention of the Applicants at the Belantik Immigration Detention Centre is a direct violation of their rights as a child pursuant to the Convention on the Rights of the Child and the Child Act 2001 which guarantees protection and assistance to be given to children in all circumstances without regard to race, colour, gender, language, religion or distinction of any kind; Based on these reasons, and with the powers vested upon the High Court, I accept the alternative prayer of the Applicants that they are allowed to be placed at a shelter which can protect and provide the necessary welfare to them.

September 2018 | Judicial Body: Malaysia: High Court of Malaya | Topic(s): Arbitrary arrest and detention - Children's rights - Habeas corpus | Countries: Malaysia - Myanmar

28 October 2015 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Topic(s): Habeas corpus - Immigrants - Immigration Detention - Pre-trial detention - Prison or detention conditions | Countries: United States of America

20 October 2015 | Judicial Body: Canada: Courts of Appeal | Topic(s): Habeas corpus - Immigration Detention | Countries: Cameroon - Canada - India - Italy

24 October 2013 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Arbitrary arrest and detention - Habeas corpus - Immigration Detention | Countries: Afghanistan - Greece

23 July 2013 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Habeas corpus - Immigration Detention - Regional instruments - Right to liberty and security | Countries: Malta - Sierra Leone

23 July 2013 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Freedom from torture, inhuman and degrading treatment - Habeas corpus - Immigration Detention - Prison or detention conditions - Right to liberty and security | Countries: Malta - Somalia

23 July 2013 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Effective remedy - Freedom from torture, inhuman and degrading treatment - Habeas corpus - Kurd - Right to liberty and security - Right to life - Suspensive effect | Countries: Cyprus - Syrian Arab Republic

23 May 2013 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Extradition - Habeas corpus - Immigration Detention | Countries: Belarus - Russian Federation