ASF17 v Commonwealth of Australia

HIGH COURT OF AUSTRALIAGAGELER CJ,GORDON, EDELMAN, STEWARD, GLEESON, JAGOT AND BEECH‑JONES JJASF17  APPELLANTANDCOMMONWEALTH OF AUSTRALIA  RESPONDENTASF17 v Commonwealth of Australia[2024] HCA 19Date of Hearing: 17 April 2024Date of Judgment: 10 May 2024P7/2024ORDERAppeal dismissed with costs.RepresentationL G De Ferrari SC with M W Guo and C J Fitzgerald for the appellant (instructed by Zarifi Lawyers)S P Donaghue KC, Solicitor-General of the Commonwealth, with B D Kaplan and N A Wootton for the respondent (instructed by Australian Government Solicitor)C L Lenehan SC with T M Wood and J R Murphy for AZC20, intervening (instructed by Human Rights Law Centre)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSASF17 v Commonwealth of AustraliaConstitutional law (Cth) – Judicial power of Commonwealth – Immigration detention – Continuing detention – Where appellant citizen of Iran – Where appellant arrived in Australia as unlawful non-citizen and held in immigration detention under s 189(1) of Migration Act 1958 (Cth) ("Act") – Where appellant's application for Safe Haven Enterprise Visa refused and finally determined – Where s 198(6) of Act imposed duty upon officers of Department of Home Affairs to remove appellant from Australia as soon as reasonably practicable – Where s 196(1) of Act required appellant to be kept in immigration detention until removed from Australia – Where appellant refused to cooperate in administrative processes necessary to facilitate removal of appellant to Iran – Where no country identified where appellant might be removed other than Iran...