AKW22 v Commonwealth of Australia (No 2) [2023] FCA 332

Federal Court of Australia

AKW22 v Commonwealth of Australia (No 2) [2023] FCA 332 File number: WAD 292 of 2021

Judgment of: COLVIN J

Date of judgment: 14 April 2023

Catchwords: MIGRATION - application for damages for alleged false imprisonment - where applicant detained pursuant to s 189 of the Migration Act 1958 (Cth) - where applicant pleads fact of detention but makes no allegation about lawfulness of detention - where applicant maintains that the tort of false imprisonment requires the detainer to prove lawfulness of detention once fact of detention is pleaded by applicant - where respondent seeks orders striking out statement of claim and summary dismissal - statement of claim struck out - claim dismissed

Legislation: Migration Act 1958 (Cth) s 189

Cases cited: AKW22 v Commonwealth of Australia [2022] FCA 869 Hemmati v Secretary of State for the Home Department [2019] UKSC 56 Lumba v Secretary of State for the Home Department [2011] UKSC 12 McHugh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 223; (2020) 283 FCR 602 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17 Plaintiff M47/2018 v Minister for Home Affairs [2019] HCA 17; (2019) 265 CLR 285 R v Deputy Governor of Parkhurst Prison, Ex parte Hague [1992] 1 AC 58 R v Governor of Brockhill Prison; Ex parte Evans (No 2) [2001] 2 AC 19 Ruddock v Taylor [2005] HCA 48; (2005) 222 CLR 612 Sami v Minister for Home Affairs [2022] FCA 1513 Secretary, Department of Health and Community Services v JWB and SMB (1992) 175 CLR 218 Trobridge v Hardy (1955) 94 CLR 147 Yoxon v Secretary to the Department of Justice [2015] VSC 124; (2015) 50 VR 5