Mokhlis v Minister for Home Affairs [2020] HCA 30

HIGH COURT OF AUSTRALIA

EDELMAN J

HAKIM ULLAH MOKHLIS PLAINTIFF

AND

MINISTER FOR HOME AFFAIRS & ANOR DEFENDANTS

Mokhlis v Minister for Home Affairs [2020] HCA 30 Date of Judgment: 1 September 2020 S92/2020

ORDER

1. The proceeding be remitted to the Sydney Registry of the Federal Circuit Court of Australia pursuant to s 44(1) of the Judiciary Act 1903 (Cth).

2. The proceeding continue in the Federal Circuit Court of Australia as if any steps taken in the High Court of Australia had been taken in the Federal Circuit Court of Australia.

3. The Registrar of the High Court of Australia is to forward to the proper officer of the Federal Circuit Court of Australia a copy of all documents filed in the High Court of Australia.

4. The costs of the proceeding in the High Court of Australia be costs in the cause in the Federal Circuit Court of Australia.

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

CATCHWORDS

Mokhlis v Minister for Home Affairs

Administrative law – Migration – Application for constitutional or other writ – Where plaintiff transferred to Australia from Manus Island for medical treatment – Where plaintiff unlawful non-citizen – Where plaintiff held in immigration detention – Where plaintiff alleges he requested removal from Australia – Where plaintiff seeks declarations, injunctions and writ of habeas corpus in original jurisdiction of the High Court in relation to his detention – Whether remitter to Federal Circuit Court available pursuant to s 44(1) of Judiciary Act 1903 (Cth) – Whether Federal Circuit Court has jurisdiction in relation to relief sought – Where jurisdiction conferred is the same as the original jurisdiction of the High Court "under paragraph 75(v) of the Constitution" – Whether application relates to a "migration decision" for the purposes of s 476(1) of Migration Act 1958 (Cth) – Whether remitter appropriate in these circumstances.