YBFZ v. Minister for Immigration, Citizenship and Multicultural Affairs & Anor

Catchwords

Constitutional law – Judicial power of Commonwealth – Monitoring and curfew powers – Where plaintiff sentenced to aggregate term of imprisonment of 18 months and his permanent refugee visa cancelled – Where after release from prison, plaintiff detained under s 189 of Migration Act 1958 (Cth) – Where plaintiff released from detention and granted various visas, each with curfew condition and electronic monitoring condition imposed – Whether curfew and monitoring powers under cl 070.612A(1) of Sch 2 of Migration Regulations 1994 (Cth), together or alone, "punitive" and therefore contrary to Ch III of Constitution