MB v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 442

Federal Court of Australia

MB v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 442 File number(s): VID 73 of 2021

Judgment of: KERR J

Date of judgment: 30 April 2021

Catchwords: MIGRATION – application for writ of habeas corpus originally filed in the Supreme Court of Victoria commanding the immediate release from detention of the Applicant – where the Applicant fears he will be seriously harmed if he is required to return to Nauru – where Applicant was brought to Australia from a regional processing country, Nauru, for a temporary purpose – where assessed objectively the temporary purpose for which the Applicant was brought to Australia remains presently operative – where there is a lawful basis for the Applicant's present detention in Australia – application dismissed PRACTICE AND PROCEDURE – where proceeding commenced by summons in Supreme Court of Victoria – where Supreme Court of Victoria transferred proceedings to the Federal Court of Australia pursuant to s 5(1) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Vic) – where Supreme Court of Victoria was correct to have held that the Federal Court of Australia has jurisdiction to make the order sought by the Applicant were it to find that to be unlawful

Legislation: Evidence Act 1995 (Cth) Federal Court of Australia Act 1976 (Cth) Judiciary Act 1903 (Cth) Jurisdiction of Courts (Cross-vesting) Act 1987 (Vic) Migration Act 1958 (Cth) Refugee Convention Act 2012 Supreme Court (General Civil Procedure) Rules 2015 (Vic) Convention Relating to the Status of Refugees, opened for signature 28 July 1951, 189 UNTS 137 (entered into force 22 April 1954) International Covenant on Civil and Political Rights, opened for signature on 19 December 1966, 999 UNTS 171 (entered into force 23 March 1976)