Sykes, In the matter of an application for leave to issue

This matter concerned an application by Mr Sykes for leave to issue a writ of habeas corpus. Mr Sykes sought to challenge the lawfulness of his detention. The application was heard by Kiefel J of the High Court of Australia.

The central legal issue before the Court was whether Mr Sykes had established a sufficient prima facie case to warrant the grant of leave to issue the writ of habeas corpus. This required the Court to consider the nature of the detention and whether it was arguable that the detention was unlawful.

Kiefel J applied the principles governing the grant of leave for a writ of habeas corpus, which require the applicant to demonstrate a real likelihood of success or, at the very least, a substantial question to be tried. His Honour considered the material before the Court and concluded that Mr Sykes had not satisfied this threshold. The application for leave was therefore dismissed.