Gageler CJ
Gordon J
Edelman J
Steward J
Gleeson J
Jagot J
Beech-Jones J
26.
Question 4: If so, are those provisions beyond the legislative power of the Commonwealth insofar as they currently apply to the plaintiff?
Answer: Yes.
Question 5: What, if any, relief should be granted to the plaintiff?
Answer: The following orders should be made:
- It is declared that, by reason of there having been and continuing to be no real prospect of the removal of the plaintiff from Australia becoming practicable in the reasonably foreseeable future:
- the plaintiff's detention was unlawful as at 30 May 2023; and
- the plaintiff's continued detention is unlawful and has been since 30 May 2023.
- A writ of habeas corpus issue requiring the defendants to release the plaintiff forthwith.
Question 6: Who should pay the costs of the further amended special case?
Answer: The defendants.
