Adm21 v Minister for Home Affairs

This matter concerned an application by Adm21 against the Minister for Home Affairs. The applicant, who arrived in Australia in September 2013, was initially detained and subsequently transferred to Nauru in October 2013. In November 2018, he was transferred back to Australia for specialised medical care due to a head injury, which resulted in consequential personality and behavioural issues, a history of suicide attempts, diagnosed active psychotic illness, poor insight, and poor adherence to medication. The applicant later requested to be returned to Nauru, with his requests being acknowledged as under consideration.

The legal issues before the Court involved the lawfulness of the applicant's detention under the *Migration Act 1958* (Cth) and the interpretation of its provisions, particularly concerning his continued detention and the purpose for which he was brought to Australia. The Court was required to consider whether the temporary purpose for which the applicant was transferred to Australia had been achieved and, if so, the implications for his detention and potential removal.

Driver J accepted evidence that the temporary purpose for which the applicant was brought to Australia had been achieved, meaning he no longer needed to remain in Australia for that specific purpose. However, the Court noted that the applicant's removal to Nauru presented difficulties, given his past experiences there and his expressed fear, with a psychiatrist opining that such a return would be detrimental to his mental health. Despite these concerns, the Court found that the applicant's detention was and remained lawful.

Consequently, the Court dismissed the applicant's application, finding that he was not entitled to the relief sought. The Court also ordered that the application be subject to mediation to discuss the "somewhat difficult issues" surrounding how the duty of removal might be met.