Applicant A269-2003, Ex parte Re Manager Baxter Detention Centre & Anor

The applicant, identified as A269-2003, sought a writ of habeas corpus against the Manager of the Baxter Detention Centre and another respondent. The application was heard by Hayne J in chambers. The core of the dispute concerned the lawfulness of the applicant's detention.

The primary legal issue before the Court was whether the detention of the applicant at the Baxter Detention Centre was lawful. This involved an examination of the legislative framework governing immigration detention and the specific circumstances of the applicant's case to determine if those circumstances fell within the scope of the relevant statutory provisions authorising such detention.

Hayne J considered the provisions of the *Migration Act 1958* (Cth) and relevant case law concerning the executive's power to detain non-citizens. The Court's reasoning focused on whether the detention was for a purpose authorised by the Act and whether the detention was continuing to be for such a purpose. The principle applied was that detention must be authorised by law, and if the executive power to detain ceases to be justified by the statutory purpose, the detention becomes unlawful.

The application for the writ of habeas corpus was dismissed.