Minister for Immigration and Multicultural and Indigenous Affairs v B

Courts and judicial system – Family Court – Jurisdiction – Scope of welfare jurisdiction – Constitutional basis of welfare jurisdiction – Whether conferral of jurisdiction in relation to a "matter" – Children in immigration detention – Whether welfare jurisdiction extends to children of marriages of parents in immigration detention – Whether Family Court in exercising welfare jurisdiction can make orders directed at third parties – Whether Family Court has power to order release from detention – Whether any general welfare jurisdiction and powers of Family Court authorises orders inconsistent with specific obligations imposed on federal officers under Migration Act.

Family law – Children – Children in immigration detention – Welfare jurisdiction – Scope of welfare jurisdiction – Whether welfare jurisdiction extends to children of marriages of persons in immigration detention – Whether court has power to order release from detention.

Family Court of Australia – Jurisdiction – Scope of welfare jurisdiction – Whether welfare jurisdiction extends to children of marriages of parents in immigration detention.

Family Court of Australia – Order – Certificate granting leave to appeal to High Court of Australia – Relevant considerations governing grant of such certificate.

Migration – Detention – Unlawful non-citizens – Children in immigration detention – Whether Family Court has power to make orders releasing children from detention.

International law – Interpretation of legislation in conformity with treaty obligations – Relevance and effect of provisions of treaties to which Australia is a party – Obligation to give effect to clear provisions of valid Australian statutory law notwithstanding alleged breaches of international law.

Words and phrases – "jurisdiction", "matter".

Constitution – covering cl 5, ss 51(xxi), 51(xxii), 73, 74, 75, 76, 77.

Family Law Act 1975 (Cth) – Pt VII, ss 60B, 67ZC, 68B, 69H, 69ZH, 95(b).

Migration Act 1958 (Cth) – ss 189, 196.