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. Mr. Ervin sought his release from immigration detention.

The central legal issue before the Court was whether the detention of Mr. Ervin was lawful 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 for the detention of non-citizens.

Brennan CJ, sitting in chambers, considered the application. The Chief Justice's reasons for judgment are not provided in the excerpt, but the nature of the application suggests a focus on the executive power to detain individuals under immigration law and the associated legal constraints. The application for an order nisi indicates that the Court was initially satisfied that there was a prima facie case to be argued regarding the lawfulness of the detention.