Abulkalam, Ex parte - Re Minister for Immig

This matter concerned an application by Abulkalam for an order of habeas corpus, seeking his release from immigration detention. The application was made to Hayne J, sitting in chambers, and the respondent was the Minister for Immigration.

The central legal issue before the Court was whether Abulkalam was being lawfully detained under the provisions of the *Migration Act 1958* (Cth). Specifically, the Court had to consider whether the Minister had exercised his power to detain Abulkalam in accordance with the requirements of the Act.

Hayne J found that the Minister had not provided sufficient evidence to demonstrate that Abulkalam's detention was lawful. The Court applied the principle that the onus is on the detaining authority to prove the lawfulness of detention. Without satisfactory evidence of compliance with the statutory requirements for detention, the Court could not be satisfied that the detention was valid.

Consequently, Hayne J ordered that Abulkalam be released from immigration detention.