DBE17 (by his litigation guardian Marie Theresa Arthur) v Commonwealth of Australia [2019] HCA 47

HIGH COURT OF AUSTRALIA

NETTLE J

DBE17 (BY HIS LITIGATION GUARDIAN MARIE THERESA ARTHUR) PLAINTIFF

AND

COMMONWEALTH OF AUSTRALIA DEFENDANT

DBE17 (by his litigation guardian Marie Theresa Arthur) v Commonwealth of Australia [2019] HCA 47 Date of Hearing: 8 & 22 November 2019 Date of Judgment: 6 December 2019 M124/2019

ORDER

1. The proceeding be remitted to the Victoria District Registry of the Federal Court of Australia.

2. The proceeding continue in the Federal Court as if the steps taken in the proceeding in this Court had been taken in that Court.

3. The Registrar of this Court forward to the proper officer of the Federal Court photocopies of all documents filed in this Court.

4. The costs of the proceeding in this Court be costs in the cause in the Federal Court.

Representation

B F Quinn QC with M W Guo for the plaintiff (instructed by Maurice Blackburn) at the hearing on 8 November 2019

B F Quinn QC with M L L Albert, M W Guo and S Zeleznikow for the plaintiff (instructed by Maurice Blackburn) at the hearing on 22 November 2019

A M Dinelli for the defendant (instructed by Australian Government Solicitor) at the hearing on 8 November 2019

N J Williams SC with A M Dinelli for the defendant (instructed by Australian Government Solicitor) at the hearing on 22 November 2019

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

DBE17 (by his litigation guardian Marie Theresa Arthur) v Commonwealth of Australia

Immigration – Representative proceedings – Where plaintiff brought representative proceeding in High Court for damages for false imprisonment – Where claimed that Group Members purportedly detained under ss 189 and 196 of Migration Act 1958 (Cth) – Where claimed that detention for purpose of receiving, investigating or determining application for visa, or determining whether to permit valid application for visa to be made, or of removing relevant Group Member from Australia to regional processing country – Where claimed that detention lawful only for period during which purposes pursued and carried into effect as soon as reasonably practicable and capable of fulfilment – Where claimed that detention unlawful because purposes not carried into effect as soon as reasonably practicable or because detention continued at times during which purposes not capable of fulfilment – Where plaintiff applied for order remitting proceeding to Federal Court of Australia pursuant to s 44(2A) of Judiciary Act 1903 (Cth) – Where s 476B(1) of Migration Act provided that High Court must not remit matter "that relates to a migration decision" to court other than Federal Circuit Court – Where s 468B(1) and (2) provided that representative proceeding not permitted where proceeding would "raise an issue in connection with visas ... or removal of unlawful non-citizens" – Whether proceeding related to migration decision – Whether proceeding raised issue in connection with visas or removal of unlawful non-citizens.