Recent Cases

Bethell v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 83 (16 May 2022) (Bromwich, Lee and Stewart JJ)


MIGRATION – appeal from decision of primary judge dismissing Mr Bethell’s application for habeas corpus –unlawful non-citizen – detention pending removal from Australia – where s 189 of Migration Act 1958 (Cth) requires unlawful non-citizen be detained – where s 196 requires unlawful non-citizen detained under s 189 be kept in immigration detention – where primary judge determined that detention was “not unlawful” – whether primary judge erred in failing to consider the lawfulness of the Minister’s decision to cancel the appellant’s visa – consideration of Commonwealth of Australia v AJL20 [2021] HCA 21; (2021) 95 ALJR 567 – whether delay in hearing application prevented fair hearing – whether costs can be awarded in a habeas corpus matter – allegation that remote hearing resulted in an “unfair hearing” – where appellant overseas – appeal dismissed