Federal Court of Australia
Federal Court of Australia BVZ21 v Commonwealth of Australia [2021] FCA 1598 File number: NSD 613 of 2021
Judgment of: BROMWICH J
Date of judgment: 17 December 2021
Catchwords: MIGRATION – hearing of two separate questions pursuant to r 30.01 of the Federal Court Rules 2011 (Cth) raised by applicant's application for orders in the form of habeas corpus against the Commonwealth and damages for false imprisonment and personal injury – first question: whether applicant's detention by the respondent at any given time since 19 June 2016 has been unlawful – second question: whether the applicant is entitled to release from detention by way of an order in the nature of a writ of habeas corpus – held: both questions answered in the negative.
Legislation: Migration Act 1958 (Cth) ss 4, 5, 13, 14, 189, 196, 198 Federal Court Rules 2011 (Cth) r 30.01
Cases cited: Commonwealth of Australia v MZZHL [2021] FCAFC 191 Commonwealth v AJL20 [2021] HCA 21; 95 ALJR 567 CPJ16 v Minister for Home Affairs [2021] HCASL 149 CPJ16 v Minister for Home Affairs [2020] FCAFC 212 CPJ16 v Minister for Home Affairs [2020] FCA 1408 Plaintiff M96A/2016 v Commonwealth of Australia [2017] HCA 16; 261 CLR 582 Plaintiff S4/2014 v Minister for Immigration and Border Protection [2014] HCA 34; 253 CLR 219 Ruddock v Vadarlis [2001] FCA 1329; 110 FCR 491
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
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