Thoms v Commonwealth of AustraliaCitation:[2022] HCA 20Before:Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward, Gleeson JJDate:08 Jun 2022Case Number:B56/2021Read more
The applicant's detention was not lawful under s 189(1) of the Migration Act 1958 (Cth) because he was not an 'alien' within the meaning of s 51(xix) of the Constitution as determined in Love v The Commonwealth.
Source-derived case information.
- Parties
- Applicant: Applicant; Respondent: Commonwealth of Australia
- Jurisdiction
- Australia
- Judgment Date
- 08 June 2022
- Procedural Posture
- Constitutional Law / Judgment
- Outcome
- Applicant's detention declared unlawful
- Legal Topics
- Naturalisation and Aliens, Detention of Unlawful Non Citizens, Interpretation of Constitution S 51(xix), Migration Act S 189(1)
Source-derived case record
Summary, issues, holding and outcome
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Parties
Applicant
Applicant
Commonwealth of Australia
Respondent
Procedural Posture
Constitutional Law / Judgment
Legal Issues
- 1 Whether the applicant was lawfully detained under s 189(1) of the Migration Act 1958 (Cth)
- 2 Whether the applicant was an 'alien' within the meaning of s 51(xix) of the Constitution
- 3 Whether the officers' reasonable suspicion justified detention prior to the High Court's decision in Love v The Commonwealth
Ratio Decidendi
The applicant's detention was not lawful under s 189(1) of the Migration Act 1958 (Cth) because he was not an 'alien' within the meaning of s 51(xix) of the Constitution as determined in Love v The Commonwealth.
Court Disposition
Applicant's detention declared unlawful
Orders
- Declaration that the applicant's detention was unlawful under s 189(1) of the Migration Act 1958 (Cth)
Full Case Text
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