Habeas Corpus

GKX18 v Minister for Immigration and Multicultural Affairs (No 4) [2025] FedCFamC2G 1051

On 9 July 2025, in a historic judgment concerning a writ of habeas corpus, the Federal Circuit and Family Court of Australia (Division 2) in GKX18 v Minister for Immigration and Multicultural Affairs (No 4) [2025] dismissed an application by the Minister and Secretary for Home Affairs for summary dismissal. 

In dismissing the application, the Court accepted that “it is reasonably arguable that the writ of habeas corpus is not confined to cases of physical detention, but extends to restrictions on liberty that are not faced by members of the public generally” and that “it is reasonably arguable that at least some of the particular conditions imposed on the applicant’s visa constitute restrictions on the applicant’s liberty sufficient to warrant the issuance of a writ of habeas corpus and the injunctions that he seeks.” The Court accepted that the “ambit of the writ of habeas corpus is a triable issue”.

The Court said that it is “arguable that restrictions on any liberty, as opposed to restrictions on freedom of movement, that are not faced by members of the public generally, may be sufficient to found a writ of habeas corpus. Whether the particular conditions imposed on the applicant’s visa are sufficient to justify a writ of habeas corpus are triable questions of fact or law. Arguably, they are serious restrictions of the applicant’s liberties that are not faced by members of the public generally. It seems to me that the applicant has a reasonable prospect of successfully prosecuting his substantive claim.”

Madeleine Bridgett represented the applicant led by Quintin Rares. 

The decision can be found here.