Australia

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

asylum seekers’ detention is arbitrary and contrary to their right to liberty if the State fails to demonstrate on an individual basis that their continuous indefinite detention is justified, and that other, less intrusive, measures could not achieve the same end of compliance with the State’s need to respond to security concerns. In addition, the HRC considers that the combination of the arbitrary character and indefinite nature of the authors’ protracted detention, the absence of procedural guarantees to challenge the detention and the difficult conditions of detention, cumulatively inflict serious psychological harm that amount to “cruel, inhuman or degrading treatment” under the ICCPR.

2 May 2016 | Judicial Body: UN Human Rights Committee (HRC) | Document type: Case Law | Legal Instrument: 1966 International Covenant on Civil and Political Rights (ICCPR) | Topic(s): Arbitrary arrest and detention - Freedom from torture, inhuman and degrading treatment - Immigration Detention | Countries: Afghanistan - Australia - Iran, Islamic Republic of - Sri Lanka

11 September 2014 | Judicial Body: Australia: High Court | Document type: Case Law | Topic(s): Flight by land, air or sea - Humanitarian protection (including tolerated stay) - Illegal immigrants / Undocumented migrants - Immigration Detention - Visas | Countries: Australia

11 September 2014 | Judicial Body: Australia: High Court | Document type: Case Law | Topic(s): Flight by land, air or sea - Humanitarian protection (including tolerated stay) - Illegal immigrants / Undocumented migrants - Immigration Detention - Visas | Countries: Australia

5 October 2012 | Judicial Body: Australia: High Court | Document type: Case Law | Topic(s): Immigration Detention - National security / Public order - Rule of law / Due process / Procedural fairness - Safe third country | Countries: Australia - Sri Lanka

31 August 2011 | Judicial Body: Australia: High Court | Document type: Case Law | Topic(s): Asylum-seekers - Deportation / Forcible return - Immigration Detention - Non-refoulement - Refugees - Safe third country - Treaties / Agreements / Charters / Protocols / Conventions / Declarations - Unaccompanied / Separated children | Countries: Afghanistan

Application made by summons for an interlocutory injunction restraining the defendants or any officer, servant or agent of the defendants from detaining the plaintiff and/or for an order that the plaintiff be released from detention.

19 January 2011 | Judicial Body: Australia: Federal Magistrates Court | Document type: Case Law | Topic(s): Asylum-seekers - Illegal entry - Immigration Detention - Rescue at sea / Interception at sea - Right to liberty and security - Unaccompanied / Separated children | Countries: Afghanistan - Australia

11 November 2010 | Judicial Body: Australia: High Court | Document type: Case Law | Topic(s): Access to procedures - Appeal / Right to appeal - Asylum-seekers - Immigration Detention - Reception - Refugees - Rescue at sea / Interception at sea - Rule of law / Due process / Procedural fairness | Countries: Australia - Sri Lanka

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

21 May 2009 | Judicial Body: Australia: Refugee Review Tribunal | Document type: Case Law | Topic(s): Discrimination based on race, nationality, ethnicity - Freedom of movement - Immigration Detention - Palestinian - Racial / Ethnic persecution - Refugee status determination (RSD) / Asylum procedures - Residence permits / Residency - Social group persecution - Statelessness - Statelessness | Countries: Australia - Kuwait