Khoshabeh v Minister for Immigration, Local Government and Ethnic Affairs

Khoshabeh, an Iranian national, sought judicial review of the Minister for Immigration, Local Government and Ethnic Affairs' decision to keep him in immigration detention. The case raised questions about the Minister's power to release a detainee from custody, as outlined in section 89 of the Migration Act, and whether the word "may" used in subsection 89(2) indicates a discretionary power. Additionally, Khoshabeh argued that subsection 89(2) was inconsistent with international conventions.

The court considered whether the word "may" in section 89(2) of the Migration Act meant that the Minister had a discretion to release a person from immigration detention. The court also assessed whether the Minister had a power to release a person other than in the circumstances set out in subsection 89(2), and whether there was an inconsistency between section 89(2) of the Migration Act and international conventions. The court held that the word "may" indicated a discretion. However, the court found that there was no power to release a person from detention outside of the circumstances set out in subsection 89(2). The court also held that there was no inconsistency between section 89(2) and international conventions.

The Federal Court dismissed Khoshabeh's appeal and ordered him to pay the Minister's costs. The court found that the Minister's decision to keep Khoshabeh in detention was lawful and that there was no inconsistency between the Migration Act and international conventions.