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

This matter concerned an application for an order of habeas corpus brought by Applicant A269-2003 against the Manager of the Baxter Immigration Detention Centre and the Minister for Immigration and Multicultural and Indigenous Affairs. The applicant sought release from immigration detention. The application was heard by Hayne J in chambers.

The central legal issue before the Court was whether the detention of the applicant was lawful under the *Migration Act 1958* (Cth). Specifically, the Court was required to consider the scope of the Minister's power to detain non-citizens under section 189(1) of the Act and the circumstances under which such detention might be vitiated or cease to be lawful.

Hayne J considered the nature of the power conferred by section 189(1), which mandates detention of unlawful non-citizens. His Honour noted that the power to detain is not discretionary but a statutory obligation. The Court examined the applicant's submissions regarding the lawfulness of their detention, which were based on arguments concerning the validity of the visa cancellation and the subsequent detention. However, the Court found that the applicant had not established that their detention was unlawful. The application for habeas corpus was therefore dismissed.