CRS20 v Secretary, Department of Home Affairs [2024] FCA 619

CRS20 v Secretary, Department of Home Affairs [2024] FCA 619

As s 198AD of the Migration Act 1958 (Cth) applies to the applicant, there is a statutory bar on his removal to Iran or Iraq, and there is insufficient evidence of a real prospect of removal to a regional processing country becoming practicable in the reasonably foreseeable future; therefore, the constitutional limit on executive detention is reached, there is no lawful basis for his continued detention, and he must be released forthwith.

Jurisdiction
Australia
Judgment Date
12 June 2024
Procedural Posture
Application for Writ of Habeas Corpus / Final Hearing and Judgment, Single Judge
Outcome
Application granted. Order for applicant's immediate release from detention. Further orders regarding entry of orders and costs procedure.
Legal Topics
['habeas Corpus' 'immigration Detention' 'statutory Construction' 'executive Detention' 'removal of Unlawful Non Citizen' 'regional Processing' 'judicial Review']
['constitutional Law' 'migration Law' 'administrative Law' 'human Rights'] ['habeas Corpus' 'immigration Detention' 'statutory Construction' 'executive Detention' 'removal of Unlawful Non Citizen' 'regional Processing' 'judicial Review']

Case Brief

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Procedural Posture

Application for Writ of Habeas Corpus / Final Hearing and Judgment, Single Judge

Legal Issues

  1. 1 ["Whether applicant's continued immigration detention is lawful" 'Whether there is a real prospect of removal from Australia becoming practicable in the reasonably foreseeable future' 'Whether s 198 or s 198AD of the Migration Act 1958 (Cth) applies to the applicant' 'Whether applicant can lawfully be removed to Iran, Iraq or a regional processing country']

Ratio Decidendi

As s 198AD of the Migration Act 1958 (Cth) applies to the applicant, there is a statutory bar on his removal to Iran or Iraq, and there is insufficient evidence of a real prospect of removal to a regional processing country becoming practicable in the reasonably foreseeable future; therefore, the constitutional limit on executive detention is reached, there is no lawful basis for his continued detention, and he must be released forthwith.

Court Disposition

Application granted. Order for applicant's immediate release from detention. Further orders regarding entry of orders and costs procedure.

Orders

  • ['The applicant be released from detention forthwith.' 'Pursuant to r 39.32(3) of the Federal Court Rules 2011 (Cth), this order be taken to have been entered upon its authentication.' "Failing agreement on costs, the applicant's application for costs be listed for hearing at 2.15 pm on 18 June 2024." "By 4.00 pm on...