CZA19 v. Commonwealth of Australia & Anor
DBD24 v. Minister for Immigration, Citizenship and Multicultural Affairs & Anor
Case Nos.
M66/2024; P29/2024; P34/2024
Case Information
Catchwords - CZA19 v. Commonwealth of Australia & Anor
Constitutional law – immigration detention – whether limit on constitutionally permissible duration of immigration detention identified in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37 applies to non-citizen detained under ss 189(1) and 196(1) of Migration Act 1958 (Cth) for purpose of considering whether to grant the person a visa where no real prospect of removal if person not granted a visa – where first respondent taken into immigration detention in December 2018 – where first respondent applied for protection visa and was refused by delegate – where AAT set aside delegate’s decision and remitted to delegate with direction that substantial grounds for believing first respondent would suffer significant harm if removed to Poland – where following decision in NZYQ first respondent sought habeas corpus and mandamus in Federal Court seeking consideration of visa and declaratory relief regarding lawfulness of detention – where separate question referred for determination in Federal Court – where visa refused by applicant released on bridging visa – whether detention unlawful between November 2022 and release.
Catchwords - DBD24 v. Minister for Immigration, Citizenship & Multicultural Affairs & Anor
Constitutional law – immigration detention – whether limit on constitutionally permissible duration of immigration detention identified in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37 applies to non-citizen detained under ss 189(1) and 196(1) of Migration Act 1958 (Cth) for purpose of considering whether to grant the person a visa where no real prospect of removal if person not granted a visa – where first respondent refused safe haven enterprise visa and placed in immigration detention in June 2023 – where in December 2023 AAT set aside delegate’s decision and remitted visa application with direction that first respondent satisfied s 36(2)(aa) Migration Act 1958 (Cth) – where visa decision not yet made and first respondent remains in immigration detention - where following decision in NZYQ first respondent sought habeas corpus and mandamus in Federal Court seeking consideration of visa – lawfulness of ongoing detention of first respondent.
Documents*
31/07/2024 Hearing (Single Justice, Brisbane by video connection)
31/07/2024 Order for Removal (CZA19)
31/07/2024 Order for Removal (P29/2024 - DBD24)
02/08/2024 Cause Removed (P29/2024 - DBD24)
05/08/2024 Cause Removed (M66/2024 - CZA19)
22/08/2024 Amended statement of agreed facts (M66/2024 - CZA19)
20/09/2024 Chronology (M66/2024 - CZA19)
23/09/2024 Consolidated written submissions (Applicants - both matters)
23/09/2024 Chronology (P29/2024 - DBD24)
04/10/2024 Written submissions (LPSP seeking leave to intervene - both matters)
18/10/2024 Consolidated written submissions (Respondents - both matters)
22/10/2024 Writ of summons (P34/2024 - DBD24)
25/10/2024 Consolidated reply
29/10/2024 Hearing (Single Justice, Canberra by remote connection)
04/11/2024 Special Case (P34/2024 - DBD24)
05/11/2024 Order referring Special Case to the Full Court (P34/2024 - DBD24)
14/11/2024 Hearing (Full Court, Canberra) (Audio-visual recording)
14/11/2024 Outline of oral argument (Applicant in M66/2024, Plaintiff in P34/2024)
14/11/2024 Outline of oral argument (Respondents in M66/2024, Defendants in P34/2024)