NZYQ v. Minister for Immigration, Citizenship and Multicultural Affairs & Anor
Case No.
Case no S28/2023
Case Information
Catchwords
Constitutional law (Cth) – Judicial power of the Commonwealth – Unlawful non-citizen in immigration detention – No real prospect of removal from Australia in reasonably foreseeable future – Whether provision for indefinite detention without judicial order infringes Chapter III of the Constitution – Whether detention involves an exercise of judicial power of the Commonwealth by the Executive – Whether detention is for a non-punitive purpose – Whether Court should overrule or distinguish Al-Kateb v Godwin (2004) 219 CLR 562.
Immigration – Unlawful non-citizens – Detention pending removal from Australia – No real prospect of removal from Australia in reasonably foreseeable future – Whether detention lawful under Migration Act 1958 (Cth) – Whether detention is temporally limited by purpose of removal – Whether requirement to remove as soon as reasonably practicable implies time limit on detention – Whether position considered in Al-Kateb altered since decision in Commonwealth v AJL20 (2021) 273 CLR 43 because of introduction of s 197C(3) of Migration Act.
Statutes – Acts of Parliament – Construction and interpretation – Presumption of legislative intention not to invade personal common law rights.
Documents*
05/04/2023 Application for Constitutional or other writ
02/06/2023 Hearing (Single Justice, Canberra by video-connection)
06/06/2023 Order referring special case to the Full Court
01/09/2023 Written submissions (Plaintiff)
01/09/2023 Chronology (Plaintiff)
15/09/2023 Written submissions (Australian Human Rights Commission, seeking leave to appear as amicus curiae)
15/09/2023 Written submissions (Human Rights Law Centre and Kaldor Centre for International Refugee Law, seeking leave to be heard as amici curiae)
03/10/2023 Written submissions (Defendants)
24/10/2023 Reply
07/11/2023 Hearing (Full Court, Canberra) (Audio-visual recording)
07/11/2023 Outline of oral argument (Plaintiff)
07/11/2023 Outline of oral argument (Defendants)
07/11/2023 Outline of oral argument (Australian Human Rights Commission, appearing as amicus curiae)
07/11/2023 Outline of oral argument (Human Rights Law Centre and Kaldor Centre for International Refugee Law, appearing as amici curiae)
08/11/2023 Hearing (including pronouncement of orders) (Full Court, Canberra) (Audio-visual recording)
28/11/2023 Judgment (Judgment Summary)