Minister for Home Affairs & Anor v Pearson & Anor

The High Court of Australia considered an appeal by the Minister for Home Affairs and another party against a decision of the Federal Court of Australia concerning the detention of two individuals, Mr. Pearson and Mr. Singh. The dispute arose from the Minister's decision to refuse to grant visas to Mr. Pearson and Mr. Singh, who were non-citizens detained in immigration detention. The core of the disagreement lay in the lawfulness of their continued detention following the refusal of their visa applications.

The central legal issue before the High Court was whether the continued detention of Mr. Pearson and Mr. Singh was authorised by s 189(1) of the *Migration Act 1958* (Cth) after their visa applications were refused. Specifically, the Court had to determine if s 189(1) mandated their detention even if there was no reasonable prospect of their removal from Australia in the foreseeable future, and if the Minister had a duty to release them in such circumstances.

The High Court, comprising Kiefel CJ and Gleeson J, reasoned that s 189(1) of the *Migration Act* imposes a mandatory obligation on the Minister to detain non-citizens who do not hold a visa. Their Honours held that this obligation is not contingent on the practical possibility of removal. The Court affirmed that the Act does not confer a power or impose a duty on the Minister to release a non-citizen from detention simply because their removal is not reasonably practicable. The statutory scheme, as interpreted, prioritises the detention of unlawful non-citizens over considerations of the feasibility of their removal.

The High Court allowed the appeal, setting aside the orders of the Federal Court.