Ervin, Ex parte- Re Min for Immigration &Multicultural Affairs

This matter concerned an application for an order nisi for a writ of habeas corpus brought by Mr Ervin against the Minister for Immigration and Multicultural Affairs. The applicant sought his release from immigration detention.

The central legal issue before Brennan CJ was whether the applicant was being lawfully detained under the provisions of the *Migration Act 1958* (Cth). Specifically, the Court was required to consider the validity of the detention order and whether it complied with the statutory requirements.

Brennan CJ found that the detention order was invalid. His Honour reasoned that the order failed to specify the grounds upon which the applicant was being detained, a requirement mandated by the relevant provisions of the *Migration Act*. Without a valid detention order, the applicant's continued detention was unlawful.

Consequently, Brennan CJ made an order absolute for the writ of habeas corpus, directing the applicant's release from immigration detention.