Federal Court. Will habeas corpus lie where, although a person is not an unlawful non-citizen, an officer detains him/her on the basis of a reasonable suspicion that he/she is an unlawful non-citizen? Must the suspicion that a person is an unlawful non-citizen "be objectively justifiable on the basis of relevant material, including that material which is discoverable by efforts of search and enquiry that are reasonable in the circumstances"?
Some of the questions to the Federal Court (FCA) were as follows:
Question 1: Will habeas corpus lie where, although a person is not an unlawful non-citizen, an officer detains him/her on the basis of a reasonable suspicion that he/she is an unlawful non-citizen?
Question 2: Must the suspicion that a person is an unlawful non-citizen "be objectively justifiable on the basis of relevant material, including that material which is discoverable by efforts of search and enquiry that are reasonable in the circumstances"?
Question 3: Can it be said that, "[i]n circumstances where ... the Federal Circuit Court has ruled that [the applicant's] application for judicial review of the cancellation decision does not raise a serious question to be tried, it can hardly be said that the suspicion is not reasonable"?
The FCA answered those questions as follows: