Isley v Minister for Home Affairs & Anor

In *Isley v Minister for Home Affairs & Anor*, Gageler J of the High Court of Australia considered an application for judicial review concerning the lawfulness of the applicant's detention. The applicant, Mr Isley, sought to challenge the validity of his ongoing detention by the Minister for Home Affairs and the Commonwealth of Australia.

The central legal issue before the Court was whether the applicant's detention was authorised by law, specifically in light of the High Court's previous decision in *Al-Kateb v Godwin*. The Court was required to determine if the principles established in *Al-Kateb* continued to permit the indefinite detention of a non-citizen who could not be removed from Australia.

Gageler J applied the principles from *Al-Kateb*, which held that a non-citizen who is unable to be removed from Australia may be lawfully detained under the Migration Act 1958 (Cth) for the purpose of effecting their removal. His Honour reasoned that the legislative framework, as interpreted by the High Court, authorises such detention even where removal is not presently practicable. The Court affirmed that the power to detain is not contingent on the existence of a realistic prospect of removal, but rather on the legal status of the individual as a non-citizen who has not been lawfully permitted to remain in Australia.

The application for judicial review was dismissed.