Recent Cases

Plaintiff M47/2018 v Minister for Home Affairs [2019] HCA 17 (12 June 2019) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ)


Immigration – Unlawful non-citizens – 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 plaintiff an unlawful non‑citizen – Where plaintiff arrived in migration zone using false passport and personal details – Where plaintiff kept in immigration detention since arrival in migration zone – Where plaintiff previously used false personal details – Where plaintiff’s identity and nationality not known – Whether ss 189 and 196 authorise plaintiff’s detention – Whether ss 189 and 196 constitutionally valid in application to plaintiff.

High Court – Original jurisdiction – Practice – Special case – Drawing of inferences – Where factual basis of questions of law depends on drawing inferences under r 27.08.5 of High Court Rules 2004 (Cth) – Where inferences concern likelihood of plaintiff’s future removal from Australia – Where prospects of plaintiff’s future removal depend on information provided by plaintiff and cooperation by plaintiff – Where plaintiff made false statements and failed to assist and cooperate – Where plaintiff gave inconsistent accounts of personal and family background – Where plaintiff seeks to take advantage of falsehoods and non-cooperation – Whether inferences can be drawn.

Words and phrases – “habeas corpus”, “identity”, “immigration detention”, “inferences”, “onus of proof”, “prospects of removal”, “real prospect”, “reasonably foreseeable”, “special case”, “unlawful non-citizen”.