Sami v Minister for Home Affairs [2022] FCA 1513

Sami v Minister for Home Affairs [2022] FCA 1513

The application must be dismissed because the law as determined by Al-Kateb v Godwin compels the Court to uphold the validity and lawfulness of the applicant’s detention, even though the Court finds as a matter of fact that there is no real prospect of Mr Sami’s removal from Australia in the reasonably foreseeable future, and would have otherwise granted habeas corpus and declaratory relief if not for that binding authority.

Jurisdiction
Australia
Judgment Date
16 December 2022
Procedural Posture
Habeas Corpus and Related Relief / Final Judgment at Trial
Outcome
Application dismissed; orders made refusing habeas corpus, mandatory injunction, and declaratory relief.
Legal Topics
['immigration Detention' 'habeas Corpus' 'statutory Interpretation' 'unlawful Detention' 'removal of Unlawful Non Citizens' 'constitution Ch III Incompatibility' 'declaratory and Injunctive Relief']
['migration Law' 'constitutional Law' 'administrative Law' 'human Rights Law'] ['immigration Detention' 'habeas Corpus' 'statutory Interpretation' 'unlawful Detention' 'removal of Unlawful Non Citizens' 'constitution Ch III Incompatibility' 'declaratory and Injunctive Relief']

Case Brief

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Procedural Posture

Habeas Corpus and Related Relief / Final Judgment at Trial

Legal Issues

  1. 1 ["Whether the applicant's detention is unlawful due to lack of real prospect of removal from Australia in the reasonably foreseeable future" 'Burden of proof in habeas corpus and declaratory applications involving immigration detention' 'Validity of ss 189, 196, and 198 of the Migration Act 1958 (Cth) if detention is indefinite/unlikely to lead to removal' 'Impact of Al-Kateb v Godwin on the lawfulness of detention']

Ratio Decidendi

The application must be dismissed because the law as determined by Al-Kateb v Godwin compels the Court to uphold the validity and lawfulness of the applicant’s detention, even though the Court finds as a matter of fact that there is no real prospect of Mr Sami’s removal from Australia in the reasonably foreseeable future, and would have otherwise granted habeas corpus and declaratory relief if not for that binding authority.

Court Disposition

Application dismissed; orders made refusing habeas corpus, mandatory injunction, and declaratory relief.

Orders

  • ['The application for the issue of a writ of habeas corpus, alternatively mandatory injunction, be refused.' 'The application for declaratory relief be refused.' 'The proceeding be dismissed.' 'Any submissions on costs of the proceeding are to be filed on or before 23 December 2022, on the basis of a fixed lump sum,...