Full Court Minute Books

Case B56/2021

Thoms v. Commonwealth of Australia

Case No.


Case Information


Constitutional law – Aliens power – Immigration detention – Wrongful imprisonment – Where applicant held in immigration detention pursuant to s 189 of Migration Act 1958 (Cth) – Where officers who detained applicant suspected he was unlawful non-citizen because not Australian citizen and did not have visa – Where, in Love v Commonwealth; Thoms v Commonwealth [2020] HCA 3, majority of High Court declared applicant not alien for purposes of s 51(xix) of Constitution, and applicant was released from immigration detention – Where applicant’s claim remitted to Federal Court of Australia, where applicant sought declaration detention unlawful and not supported by s 189 of Migration Act, and damages for wrongful imprisonment – Where Federal Court ordered question of whether detention unlawful be determined separately – Whether within scope of aliens power for s 189 of Migration Act to validly authorise immigration detention of persons who are subjectively suspected to be unlawful non-citizen, even if person later found not alien – Whether applicant’s detention unlawful


11/10/2021 Hearing (Single Justice, Canberra by video connection)

18/10/2021 Cause Removed

22/10/2021 Written submissions (Applicant)

12/11/2021 Written submissions (Respondent)

26/11/2021 Reply

09/03/2022 Hearing (Full Court, Canberra) (Audio-visual recording)

09/03/2022 Outline of oral argument (Applicant)

09/03/2022 Outline of oral argument (Respondent)

08/06/2022 Judgment (Judgment summary)