Page:NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs.pdf/34

Gageler CJ Gordon J Edelman J Steward J Gleeson J Jagot J Beech-Jones J

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:

1. 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:1. the plaintiff's detention was unlawful as at 30 May 2023; and

2. the plaintiff's continued detention is unlawful and has been since 30 May 2023.

2. 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.