IXW24 v Commonwealth of Australia [2024] FCA 1328

Federal Court of Australia IXW24 v Commonwealth of Australia [2024] FCA 1328 File number(s):

Judgment of: HORAN J

Date of judgment: 15 November 2024

Catchwords: MIGRATION – application for interlocutory relief to restrain the Commonwealth from continuing to detain the applicant until the determination of his claim for habeas corpus – where interlocutory relief sought on specified conditions in relation to the applicant's residence, curfew and reporting obligations – whether the Court has power to order the release on an interlocutory basis of a person detained as a result of the cancellation of his or her visa on character grounds – where s 196(4) of the Migration Act 1958 (Cth) requires detention to continue unless a court finally determines that detention is unlawful or person detained is not an unlawful non-citizen – whether balance of convenience favours the grant of interlocutory relief – application dismissed

Constitution ss 51(xix), 75(v) Legislation: Federal Court of Australia Act 1976 (Cth) s 23 Migration Act 1958 (Cth) ss 36(2)(aa), 196, 197C, 189, 476A(2), 500(6L), 501(3A), 501A(2), 501CA(4) Migration Amendment (Duration of Detention) Act 2003 (Cth)

AFF20 v Minister for Home Affairs [2020] FCA 546 AJL20 v Commonwealth of Australia (2020) 279 FCR 549 Al-Kateb v Godwin (2004) 219 CLR 562 Applicant in WAD 230/2014 v Minister for Immigration and Border Protection [2014] FCA 1351 Australian Capital Television Pty Ltd v Commonwealth (1992) 104 ALR 389 BHL19 v Commonwealth of Australia [2021] FCA 462 Burgess v Commonwealth (2020) 276 FCR 548 Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148 Chu Kheng Lim v Minister for Immigration, Local Government and Ethnic Affairs (1992) 176 CLR 1 CMA19 v Minister for Home Affairs [2020] FCA 736 Commonwealth v AJL20 (2021) 273 CLR 43 CPK20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 825 CZCV v Commonwealth of Australia [2020] FCA 1864 Cases cited: Durani v Minister for Immigration and Border Protection (2013) 223 FCR 391 Erden v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1395 Haney v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1555 Kapeli v Secretary, Department of Home Affairs [2024] FCA 1246 Love v Commonwealth (2020) 270 CLR 152 Minister for Immigration and Multicultural and Indigenous Affairs v Al Masri (2003) 126 FCR 54 Minister for Immigration and Multicultural and Indigenous Affairs v VFAD (2002) 125 FCR 249 Minister for Immigration, Local Government and Ethnic Affairs v Msilanga (1992) 34 FCR 169 NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2003] HCA 37; 97 ALJR 1005 Ongel v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 239 Plaintiff M168/10 v Commonwealth [2011] HCA 25; 85 ALJR 790 Preston v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 420 R v Secretary of State for the Home Department; Ex parte Turkoglu [1988] QB 398 Re Woolley; Ex parte Applicants M276/2003 (2004) 225 CLR 1