Can unlawful detention become lawful again?

By
Sergio Zanotti Stagliorio
-

Federal Court. In an application for habeas corpus, is the issue "whether the applicant’s current detention is unlawful, not whether his or her detention has been unlawful in the past"? If a person is lawfully placed in immigration detention for a permissible purpose but that purpose is lost, with the result that detention becomes unlawful, can the detention regain that permissible purpose and therefore its lawfulness?

Some of the questions to the Federal Court (FCA) were as follows:

Question 1: In an application for habeas corpus, is the issue "whether the applicant’s current detention is unlawful, not whether his or her detention has been unlawful in the past"?

Question 2: If a person is lawfully detained for a permissible purpose but that purpose is lost, with the result that detention becomes unlawful, can detention regain that permissible purpose and therefore its lawfulness?

The FCA answered those questions as follows:

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