Federal Court of Australia
Federal Court of Australia
Bethell v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 3) [2021] FCA 811 File numbers: QUD 192 of 2021 QUD 211 of 2021
Judgment of: COLLIER J
Date of judgment: 16 July 2021
Catchwords: MIGRATION – unlawful non-citizen detained under Migration Act 1958 (Cth) – applications for writs of habeas corpus – previous determination by Federal Court Judge that applicant not unlawfully detained – whether principle of res judicata applicable – Commonwealth of Australia v AJL20 [2021] HCA 21 – onus of proof in application for writ of habeas corpus – whether abuse of process principles applicable
Legislation: Habeas Corpus Act 1679 (Imp) Migration Act 1958 (Cth) ss 133C, 189, 196, 501BA
Cases cited: Arthur as litigation representative for CYG v Commonwealth of Australia [2021] FCA 259 Bethell v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 661 Bethell v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 727 Bethell v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 756 Commonwealth of Australia v AJL20 [2021] HCA 21 Eshugbayi Eleko v The Government of Nigeria (Officer Administering) [1928] AC 459 J by his Litigation Guardian Vardanega v Australian Capital Territory (No 2) [2011] ACTSC 36 Jago v District Court (NSW) (1989) 168 CLR 23 Minister for Immigration and Multicultural and Indigenous Affairs v Al Masri [2003] FCAFC 70; (2003) 126 FCR 54 Oshlack v Richmond River Council (1999) 193 CLR 72 Plaintiff M47 v Director-General of Security [2012] HCA 46 Re Jenkin [1994] 1 Qd R 266 Tomlinson v Ramsey Food Processing Pty Limited [2015] 256 CLR 507; [2015] HCA 28 Tran v Commonwealth of Australia [2021] FCA 580 Vasiljkovic v The Honourable Brendan O'Connor (No 2) [2011] FCAFC 125 Zetta Jet Pte Ltd v The Ship "Dragon Pearl" (No 2) (2018) 265 FCR 290; [2018] FCAFC 132
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