Minister for Immigration, Citizenship and Multicultural Affairs v SZRWS [2023] FCAFC 83

Minister for Immigration, Citizenship and Multicultural Affairs v SZRWS [2023] FCAFC 83

Section 273(1) of the Migration Act 1958 (Cth) provides power for the Minister, on behalf of the Commonwealth, to establish, maintain, and operate detention centres, which includes the power to control visitor entry in accordance with a policy restricting what food may be brought into the centre. The outside food policy is therefore valid and its implementation by Serco is lawful.

Jurisdiction
Australia
Judgment Date
30 May 2023
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
['operation and Regulation of Immigration Detention Facilities' 'powers of Minister Under Migration Act 1958 (cth)' 'validity of Government Policy in Detention Context']
['administrative Law' 'migration Law' 'constitutional Law'] ['operation and Regulation of Immigration Detention Facilities' 'powers of Minister Under Migration Act 1958 (cth)' 'validity of Government Policy in Detention Context']

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Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['Whether s 273(1) of the Migration Act 1958 (Cth) authorises the exclusion of visitors to detention centres in accordance with policy restricting food brought in by visitors' 'Whether the making and implementation of the outside food policy is lawful under statute, common law, or executive power']

Ratio Decidendi

Section 273(1) of the Migration Act 1958 (Cth) provides power for the Minister, on behalf of the Commonwealth, to establish, maintain, and operate detention centres, which includes the power to control visitor entry in accordance with a policy restricting what food may be brought into the centre. The outside food policy is therefore valid and its implementation by Serco is lawful.

Court Disposition

Appeal allowed

Orders

  • ['The appeal be allowed.' "Orders 1 and 3 of the judgment given on 10 June 2022 and Order 2 of the judgment given on 2 August 2022 be set aside and replaced with an order dismissing the third further amended application and that the applicant pay the respondents' costs." "The respondent pay the appellants' costs."]