Javillonar, Ex parte MIMA

This matter concerned an application by Mr Javillonar for a writ of habeas corpus, seeking his release from immigration detention. The respondent was the Minister for Immigration and Multicultural Affairs (MIMA). The application was heard by McHugh J in chambers.

The central legal issue before the Court was whether Mr Javillonar was entitled to be released from immigration detention. This required the Court to consider the validity of the detention order and the legal basis for his continued detention under the *Migration Act 1958* (Cth).

McHugh J found that the detention of Mr Javillonar was lawful. His Honour applied the principles established in *Chu Kheng Lim v Minister for Immigration, Local Government and Ethnic Affairs* and subsequent cases, which confirm that the executive government has the power to detain non-citizens pending their removal from Australia. The Court was satisfied that the detention was for the purpose of effectuating the removal of Mr Javillonar, and therefore fell within the constitutional and legislative powers of the executive.

The application for a writ of habeas corpus was dismissed.