Akz15 v Commonwealth of Australia and Anor (No.3)

Akz15 (the applicant) sought a writ of habeas corpus and damages for false imprisonment against the Commonwealth of Australia and the Minister for Immigration and Border Protection (the respondents). The applicant alleged unlawful detention and sought to challenge the validity of the conversion of an application for a Protection (Class XA) visa to a Temporary Protection (Class XD) visa. The applicant also made serious allegations of involvement in people smuggling, abduction, rape, and murder.

The court was required to determine whether the applicant's Protection (Class XA) visa application had been validly converted to a Temporary Protection (Class XD) visa, and consequently, whether the applicant's continued detention was lawful. The court also considered whether there was a basis for declaratory relief in relation to the alleged serious criminal conduct.

Justice Street found that the conversion of the visa application was valid and that the applicant's detention was therefore lawful. The court determined that there was no basis for granting declaratory relief concerning the allegations of criminal conduct. The amended application was dismissed.

Furthermore, the court considered the issue of costs, finding that the case had not been advanced on a public interest basis and that the applicant's continued detention was not relevant to the determination of costs. Costs were awarded against the applicant.