SZRWS v Minister for Immigration & Ors (No.2)

This case concerned an application for summary judgment brought by the applicant, SZRWS, against the Minister for Immigration and Ors. The dispute centred on the lawfulness of the respondents' policy regarding the possession of mobile phones and SIM cards by detainees within immigration detention facilities. The matter came before Driver J in the Federal Court of Australia.

The primary legal issue before the Court was whether the respondents had an answer to the applicant's claim or reasonable prospects of successfully defending it, specifically in relation to the policy that prohibited detainees from possessing mobile phones and SIM cards. This required the Court to consider the nature and application of the "Mobile Phone Policy" and its underlying legislative framework.

Driver J's reasoning focused on the interpretation of Chapter 8 of the Detention Services Manual (DSM), which classified mobile phones and SIM cards as "controlled items" not permitted in immigration detention facilities except under specific departmental conditions. The Court noted that the policy, implemented through "Operation Ramentum" and announced on 21 November 2016, prohibited detainees from possessing these items from 20 February 2017, after a grace period for voluntary surrender. The Court considered the Department's duty of care and the legislative framework, including sections of the *Migration Act* relating to searches and screening, in assessing the lawfulness of the policy.

The Court found that the respondents had reasonable prospects of successfully defending the claim. Consequently, the application for summary judgment was dismissed.