Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v PDWL

In Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v PDWL, the applicant, PDWL, sought a writ of habeas corpus to challenge his continued detention. PDWL, an Afghan citizen of Hazara ethnicity, had applied for and been refused a Safe Haven Enterprise visa. Following a review by the Administrative Appeals Tribunal (AAT), the Tribunal set aside the delegate's decision and granted PDWL a visa. Despite this, PDWL remained in detention, prompting his application for habeas corpus. The central legal issue was whether PDWL's continued detention was unlawful given the AAT's decision to grant him a visa.

The Federal Court addressed whether the AAT had the authority to not only set aside the delegate's decision but also to substitute its own decision in granting PDWL a visa. The Court found that under section 43 of the Administrative Appeals Tribunal Act 1975 (Cth), the AAT has the discretion to make a decision in substitution for the one it sets aside. The Court concluded that the AAT's decision to grant PDWL a visa was effective immediately upon issuance and should be treated as a decision of the Minister. Therefore, PDWL's continued detention, which was based on the now-invalid refusal of his visa application, was unlawful.

The Court granted PDWL's application for habeas corpus, ordering his immediate release from detention. Additionally, the Court mandated that PDWL's application be prioritized for a case management hearing and that he pay the respondent's costs as agreed or assessed. The orders reflect the urgency and importance of ensuring that PDWL's rights are upheld and that he is not unlawfully detained.