Mokhlis v Minister for Home Affairs

In the original jurisdiction of the High Court, Mr. Mokhlis, an unlawful non-citizen transferred to Australia from Manus Island for medical treatment and held in immigration detention, sought declarations, injunctions, and a writ of habeas corpus. He alleged he had requested removal from Australia and challenged the lawfulness of his detention. The Minister for Home Affairs was the respondent.

The central legal issues before Edelman J were whether the proceeding could be remitted to the Federal Circuit Court of Australia pursuant to s 44(1) of the *Judiciary Act 1903* (Cth), and whether the Federal Circuit Court possessed the necessary jurisdiction to hear the relief sought. This involved determining if the application related to a "migration decision" for the purposes of s 476(1) of the *Migration Act 1958* (Cth), and if remitter was appropriate in the circumstances.

Edelman J reasoned that the jurisdiction conferred on the Federal Circuit Court under s 476(2) of the *Migration Act* is the same as the original jurisdiction of the High Court under s 75(v) of the Constitution. His Honour found that the relief sought, including the writ of habeas corpus, fell within the ambit of s 75(v) and that the Federal Circuit Court had jurisdiction to grant such relief. Consequently, the court determined that remitter to the Federal Circuit Court was appropriate.

The proceeding was remitted to the Sydney Registry of the Federal Circuit Court of Australia, with directions for the continuation of the matter as if it had been commenced there. The Registrar of the High Court was ordered to forward all filed documents, and costs in the High Court were to be costs in the cause in the Federal Circuit Court.