HIGH COURT OF AUSTRALIA
GAGELER CJ,
GORDON, EDELMAN, STEWARD, GLEESON, JAGOT AND BEECH-JONES JJ
AND
NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs
[2023] HCA 37
Date of Hearing: 7 & 8 November 2023
Date of Order: 8 November 2023
Date of Publication of Reasons: 28 November 2023
S28/2023
ORDER
The 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?
