Arthur as litigation representative for CYG20 v Commonwealth of Australia

Arthur as litigation representative for CYG20 v Commonwealth of Australia concerned the alleged unlawful detention of a stateless Faili Kurd, born in Iran, from 4 September 2019 to 2 October 2020. The applicant, who arrived in Australia by boat at age 16, had been in immigration detention since 25 August 2013. The applicant sought damages for the alleged unlawful detention, which the Court found to be lawful. The primary issues for the Court were whether sections 189 and 196 of the Migration Act 1958 (Cth) authorised the applicant's detention and whether the Commonwealth had failed to remove the applicant "as soon as reasonably practicable" under section 198(6) of the Act. The Court found that the Commonwealth had taken reasonable practicable steps to remove the applicant and that the applicant's detention was lawful. The Court dismissed the originating application and ordered the applicant to pay the respondent's costs of the separate question and the substantive proceeding, subject to relisting by either party.