Abbas v NSW Commissioner of Police; Hamzy v NSW Commissioner of Police (No 3)

In Abbas v NSW Commissioner of Police; Hamzy v NSW Commissioner of Police (No 3), the applicants, Abbas and Hamzy, sought an order for the Commissioner of Police to take steps to retrieve their passports, which were held by the Australian Federal Police (AFP). The matter was heard in the Federal Court of Australia. The applicants argued that their detention in a detention centre was unlawful and sought relief under the Migration Act 1958 (Cth). The Commissioner of Police, on the other hand, contended that the detention was lawful and that the applicants had not established the grounds necessary for the court to order the return of their passports.

The court was required to determine whether the detention of the applicants was unlawful and, if so, whether the court should order the return of their passports. The applicants contended that their detention was unlawful because they were not provided with the necessary information to make an application for a visa and were not given an opportunity to be heard. The Commissioner of Police argued that the detention was lawful and that the applicants had not established the necessary grounds for the court to order the return of their passports.

The court found that the detention of the applicants was lawful but that the Commissioner of Police had failed to provide the applicants with the necessary information to make an application for a visa. The court found that the Commissioner of Police was not entitled to retain the applicants' passports and ordered that they be returned to the applicants. However, the court found that the applicants were not entitled to the relief they sought because they had not established the necessary grounds for the court to order the return of their passports. The court held that the exercise of its discretion to award costs should reflect the mixed result of the proceedings. The court found that the Commissioner of Police was not entitled to costs for the proceedings and ordered that the applicants be awarded costs on an indemnity basis.

The court ordered that the Commissioner of Police take steps to retrieve the applicants' passports and return them to the applicants. The court also ordered that the Commissioner of Police pay the applicants' costs on an indemnity basis.