DBB16 v Commonwealth of Australia [2022] FCA 783

Federal Court of Australia

DBB16 v Commonwealth of Australia [2022] FCA 783 File number(s): NSD 189 of 2021

Judgment of: RAPER J

Date of judgment: 8 July 2022

Catchwords: MIGRATION – application for a declaration that the applicant's detention was not authorised for a period by the Migration Act 1958 (Cth) – whether the applicant was falsely imprisoned – whether the applicant was entitled general, special, aggravated and exemplary damages – whether the detaining officers held a reasonable suspicion that the applicant was an "unlawful non-citizen" – application dismissed

Legislation: Evidence Act 1995 (Cth) s 69 Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 13, 14, 476A, 189, 195A, 196

Cases cited: Alsalih v Manager, Baxter Immigration Detention Facility and Another [2004] FCA 352; 136 FCR 291 AOU21 v Minister for Home Affairs [2021] FCAFC 60 BHL19 v Commonwealth of Australia (No 2) [2022] FCA 313 Boensch v Pascoe [2019] HCA 49; 268 CLR 593 Capital Securities XV Pty Ltd (formerly known as Prime Capital Securities Pty Ltd) v Calleja [2018] NSWCA 26 Commonwealth v AJL20 [2021] HCA 21; 95 ALJR 567 Fernando v Minister for Immigration and Citizenship [2007] FCA 1203; 165 FCR 471 Goldie v Commonwealth of Australia [2002] FCA 433; 117 FCR 566 Guo v Commonwealth [2017] FCA 1355; 258 FCR 31 Lee v Minister for Immigration & Multicultural Affairs [2002] FCA 303 Lin v Tasmania [2012] TASCCA 9 Lithgow City Council v Jackson [2011] HCA 36; 244 CLR 352 Minister for Immigration and Multicultural and Indigenous Affairs v Al Masri [2003] FCAFC 70; 126 FCR 54 Ruddock v Taylor [2005] HCA 48; 222 CLR 612 Thoms v Commonwealth of Australia [2022] HCA 20