Toprak, Ex parte - Minister for Immigration

In *Toprak, Ex parte - Minister for Immigration*, Callinan J, sitting in chambers, considered an application by the Minister for Immigration. The application concerned the detention of Mr Toprak, a non-citizen, and the lawfulness of that detention.

The central legal issue before the Court was whether the detention of Mr Toprak was authorised by the *Migration Act 1958* (Cth) at the time of his release. Specifically, the Court had to determine if the Minister's delegate had made a valid decision to detain Mr Toprak, or if the detention had otherwise ceased to be lawful.

Callinan J reasoned that the detention of Mr Toprak was not authorised by the *Migration Act*. His Honour found that the delegate's decision to detain Mr Toprak was vitiated by a fundamental error, rendering it invalid from its inception. Consequently, the detention was unlawful.

The Court ordered that Mr Toprak be released from immigration detention.