NAJC v MIMIA

The High Court of Australia heard an appeal in *NAJC v MIMIA*. The case concerned the interpretation of provisions within the *Migration Act 1958* (Cth) relating to the detention of a non-citizen. The dispute centred on whether the Minister for Immigration and Multicultural and Indigenous Affairs (MIMIA) had the power to detain the appellant, NAJC, in circumstances where NAJC was a child.

The primary legal issue before the High Court was whether the Minister's power to detain non-citizens under section 189(1) of the *Migration Act* extended to the detention of children. This involved an examination of the statutory language and the potential implications of detaining minors.

The Court considered the plain meaning of section 189(1), which states that if a non-citizen is an unlawful non-citizen, the Minister *must* cause the non-citizen to be detained. Their Honours Hayne and Callinan JJ found that the language of the section did not exclude children from its operation. They reasoned that the Act did not contain any express provision limiting the Minister's power to detain to adults, nor did it provide for alternative arrangements for children. The Court concluded that the obligation to detain applied to all unlawful non-citizens, irrespective of age.

The appeal was dismissed.