Immigration detention under the Migration Act is rendered unlawful where the Commonwealth fails to pursue the detainee's removal from Australia as soon as reasonably practicable, including by failing to take any steps to remove the detainee to their country of nationality, and the Commonwealth's non-refoulement obligations cannot justify that failure given the express terms of s 197C.
The full text is available to signed-in members, including the 35 later cases that cite this judgment.
6 of the 35 citing cases carry a classified treatment. How each court treated it is available to signed-in members.