Franco-Buitrago, Ex parte - Re Ruddock

This matter concerned an application by Franco-Buitrago for an order of habeas corpus directed to the Minister for Immigration and Multicultural Affairs, Mr Ruddock. The applicant, who was a citizen of Colombia, sought to challenge the lawfulness of his detention in Australia.

The central legal issue before McHugh J was whether the applicant was entitled to be released from detention. This required the Court to consider the validity of the applicant's entry into Australia and the subsequent decisions made regarding his immigration status.

McHugh J found that the applicant had entered Australia unlawfully and that his detention was therefore lawful. His Honour applied the principles of administrative law, including the requirement for lawful detention under the *Migration Act 1958* (Cth). The application for habeas corpus was dismissed.