NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs

HIGH COURT OF AUSTRALIAGAGELER CJ,GORDON, EDELMAN, STEWARD, GLEESON, JAGOT AND BEECH‑JONES JJNZYQ  PLAINTIFFANDMINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS & ANOR  DEFENDANTSNZYQ v Minister for Immigration, Citizenship and Multicultural Affairs[2023] HCA 37Date of Hearing: 7 & 8 November 2023Date of Order: 8 November 2023Date of Publication of Reasons: 28 November 2023S28/2023ORDERThe questions stated for the opinion of the Full Court in the further amended special case filed on 31 October 2023 be answered as follows:Question 1: On their proper construction, did sections 189(1) and 196(1) of the Migration Act 1958 (Cth) authorise the detention of the plaintiff as at 30 May 2023?Answer:       Yes, subject to section 3A of the Migration Act 1958 (Cth).Question 2:If so, are those provisions beyond the legislative power of the Commonwealth insofar as they applied to the plaintiff as at 30 May 2023?Answer:Yes.Question 3:On their proper construction, do sections 189(1) and 196(1) of the Migration Act 1958 (Cth) authorise the current detention of the plaintiff?Answer:Yes, subject to section 3A of the Migration Act 1958 (Cth).Question 4:If so, are those provisions beyond the legislative power of the Commonwealth insofar as they currently apply to the plaintiff?Answer:Yes.Question 5:What, if any, relief should be granted to the plaintiff?Answer:The following orders should be made:(1)It is declared that, by reason of there having been and continuing to be no real prospect of the removal of the plaintiff from Australia becoming practicable in the reasonably foreseeable future:(a)the plaintiff's detention was unlawful as at 30 May 2023; and(b)the plaintiff's continued detention is unlawful...