Secretary, Department of Home Affairs v CRS20 [2025] FCAFC 3

Federal Court of Australia

Secretary, Department of Home Affairs v CRS20 [2025] FCAFC 3 Appeal from: CRS20 v Secretary, Department of Home Affairs [2024] FCA 619

File number: VID 609 of 2024

Judgment of: MOSHINSKY, BROMWICH AND SARAH C DERRINGTON JJ

Date of judgment: 30 January 2025

Catchwords: MIGRATION – indefinite detention – where the applicant at first instance (CRS20) sought a writ of habeas corpus on the basis of the judgment of the High Court of Australia in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37; 415 ALR 254 – where the primary judge ordered that CRS20 be released from detention forthwith – where the appellants purported to appeal from that decision and CRS20 objected to the competency of the appeal – whether there is a right of appeal from a grant of habeas corpus – whether a grant of habeas corpus is interlocutory such that leave to appeal is required – whether the primary judge erred in his construction of ss 198 and 198AD of the Migration Act 1958 (Cth) – whether the primary judge erred in finding that CRS20 had satisfied his evidential onus – held: appeal dismissed

Legislation: Constitution, s 73 Federal Court of Australia Act 1976 (Cth), ss 23, 24, 28, 33 Immigration Act 1901-1925 (Cth) Judiciary Act 1903 (Cth), ss 39B, 40 Migration Act 1958 (Cth), ss 3A, 5, 5AA, 46A, 189, 196, 197C, 198, 198AA-198AJ Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth) Trade Practices Act 1974 (Cth), s 79 Migration Regulations 1994 (Cth) Supreme Court Ordinance 1911-1922 (NT), s 21