AGP21 v Minister for Home Affairs [2021] FCA 281

AGP21 v Minister for Home Affairs [2021] FCA 281

The applicants did not establish, even on a prima facie basis, that their detention was not authorised, as reasonable steps were being taken to effect their removal from Australia pursuant to their written requests. Upon withdrawal of those requests, there was insufficient submission or evidence to establish continued unauthorised detention for the period between 13 March and the hearing. The application for interlocutory release was therefore refused.

Parties
First Applicant: AGP21; Second Applicant: AGQ21; Third Applicant: AGR21; Fourth Applicant: AGS21; First Respondent: Minister for Home Affairs; Second Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs
Jurisdiction
Australia
Judgment Date
29 March 2021
Procedural Posture
Application for Interlocutory Relief / Interlocutory Judgment
Outcome
Amended Application for Interlocutory Relief dismissed; expedited hearing ordered; costs reserved.
Legal Topics
Immigration Detention, Removal of Unlawful Non Citizens, Interlocutory Relief, Authority to Detain, Requests for Removal
Migration Law Administrative Law Human Rights Law Immigration Detention Removal of Unlawful Non Citizens Interlocutory Relief Authority to Detain Requests for Removal

Case Brief

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Parties

AGP21

First Applicant

AGQ21

Second Applicant

AGR21

Third Applicant

AGS21

Fourth Applicant

Minister for Home Affairs

First Respondent

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

Second Respondent

Procedural Posture

Application for Interlocutory Relief / Interlocutory Judgment

Legal Issues

  1. 1 Whether the applicants' detention was authorised pending their removal from Australia
  2. 2 Whether a prima facie case for release from immigration detention was established
  3. 3 Effect of withdrawal of requests for removal on authority to detain

Ratio Decidendi

The applicants did not establish, even on a prima facie basis, that their detention was not authorised, as reasonable steps were being taken to effect their removal from Australia pursuant to their written requests. Upon withdrawal of those requests, there was insufficient submission or evidence to establish continued unauthorised detention for the period between 13 March and the hearing. The application for interlocutory release was therefore refused.

Court Disposition

Amended Application for Interlocutory Relief dismissed; expedited hearing ordered; costs reserved.

Orders

  • The Amended Application for Interlocutory Relief filed on 23 February 2021 is dismissed.
  • The hearing be expedited.