Torney, Ex parte- Re Carter

This matter concerned an application by Torney for a writ of habeas corpus, seeking the release of one Carter from custody. The application was heard by Hayne J in chambers.

The central legal issue before the Court was whether the detention of Carter was lawful, specifically in light of the provisions of the *Immigration Act 1901* (Cth) and the *Migration Act 1958* (Cth). The Court was required to determine if Carter was being held pursuant to a valid warrant or other lawful authority.

Hayne J considered the evidence presented, including the warrant for Carter's arrest and detention. His Honour found that the warrant was issued under the *Immigration Act 1901* (Cth) and that the detention was therefore authorised by that legislation. The Court applied the principle that a person detained under a valid warrant is lawfully in custody.

The application for the writ of habeas corpus was dismissed.