Re Woolley; Ex parte Applicants M276/2003

HIGH COURT OF AUSTRALIAGLEESON CJ,McHUGH, GUMMOW, KIRBY, HAYNE, CALLINAN AND HEYDON JJRE KIT WOOLLEY (MANAGER OF THE BAXTER IMMIGRATION DETENTION CENTRE)& ANOR  RESPONDENTSEX PARTE: APPLICANTS M276/2003 BY THEIR NEXT FRIEND GS  PROSECUTORSRe Woolley; Ex parte Applicants M276/2003 by their next friend GS[2004] HCA 497 October 2004M276/2003ORDERApplication dismissed.Representation:G Griffith QC with C J Horan and C M Harris for the prosecutors (instructed by Vadarlis & Associates)D M J Bennett QC, Solicitor-General of the Commonwealth, with G R Kennett for the respondents and intervening on behalf of the Attorney-General of the Commonwealth (instructed by Australian Government Solicitor)B W Walker SC with J K Kirk intervening on behalf of the Human Rights and Equal Opportunity Commission (instructed by the Human Rights and Equal Opportunity Commission)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSRe Woolley;  Ex parte Applicants M276/2003 by their next friend GSImmigration – Detention – Migration Act 1958 (Cth) ("Migration Act"), ss 189 and 196 – Whether detention of children authorised by Migration Act – Whether children may request release from detention under Migration Act, s 198 – Whether detention valid if children unable to request release – Relevance of international jurisprudence and parens patriae jurisdiction.Constitutional law (Cth) – Judicial power of the Commonwealth – Immigration detention – Whether Migration Act, ss 189 and 196 validly require detention of children – Whether legislation reasonably capable of being seen as necessary for the purposes of reception, investigation, admission or deportation...