FJM18 v Minister for Home Affairs

The applicant, FJM18, sought declarations and orders from the Federal Court of Australia concerning their status as an 'unauthorised maritime arrival'. The dispute centred on the validity of a purported appointment of an area of waters within the Territory of Ashmore and Cartier Islands, which was critical to determining whether the applicant was lawfully detained. The Minister for Home Affairs was the respondent.

The primary legal issue before the Court was whether the appointment of the specified area of waters was valid under the relevant legislative framework. This involved an examination of the powers conferred upon the Minister and the proper procedure for exercising those powers. A further issue was whether the applicant had been properly notified of the delegate's decision, which was a prerequisite for challenging that decision.

His Honour Judge Heffernan found that the purported appointment of the area of waters was invalid. The Court reasoned that the delegate had failed to comply with the statutory requirements for making such an appointment. Consequently, the applicant could not be considered an 'unauthorised maritime arrival' based on their presence within that invalidly appointed area. The Court also found that the applicant had not been properly notified of the delegate's decision.

Accordingly, the Court made declarations that the appointment of the area of waters was invalid and that the applicant was not an unauthorised maritime arrival. Orders were made for the release of the applicant from detention.