FJG17 v Minister for Home Affairs

The applicants, FJG17 and others, sought declarations that their detention was unlawful and a writ of habeas corpus. The Minister for Home Affairs was the respondent. The dispute concerned the validity of a proclamation of a port under the *Migration Act 1958* (Cth) and its implications for the applicants' immigration status and detention.

The central legal issue before the Court was whether the proclamation of a particular port was validly made under the *Migration Act 1958* (Cth). This question was critical because the validity of the proclamation determined whether the applicants could be considered to have arrived at a designated port of entry, which in turn affected the application of certain provisions of the Act, including those relating to fast-track processing under Part 7AA.

Justice Street found that the proclamation of the port was invalid. The Court reasoned that the Minister had failed to satisfy the requirements of the *Migration Act 1958* (Cth) in making the proclamation. Consequently, the applicants were not considered to have arrived at a designated port of entry, and the provisions of Part 7AA of the Act, which applied to fast-track applicants, were not applicable to them.

The Court made declarations that the detention of the applicants was unlawful and issued a writ of habeas corpus.