Recent Cases

Save the Children Australia v Minister for Home Affairs [2024] FCAFC 81 (18 June 2024) (Mortimer CJ; Kennett and Horan JJ)


Catchwords:


ADMINISTRATIVE LAW – appeal – detention of Australian women and children by non-state actor in Al-Roj camp in North-East Syria – whether writ of habeas corpus should issue to the Commonwealth – whether Commonwealth has control over the custody or detention of the individuals – whether the writ should issue to test the asserted lack of control – each ground of appeal dismissed