Catchwords:

MIGRATION – indefinite detention – where the applicant at first instance (CRS20) sought a writ of habeas corpus on the basis of the judgment of the High Court of Australia in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37; 415 ALR 254 – where the primary judge ordered that CRS20 be released from detention forthwith – where the appellants purported to appeal from that decision and CRS20 objected to the competency of the appeal – whether there is a right of appeal from a grant of habeas corpus – whether a grant of habeas corpus is interlocutory such that leave to appeal is required – whether the primary judge erred in his construction of ss 198 and 198AD of the Migration Act 1958 (Cth) – whether the primary judge erred in finding that CRS20 had satisfied his evidential onus – held: appeal dismissed