PRESS RELEASE: Northam Lawyers Wins Immediate Release of Immigration Detainee, Federal Court Slams Immigration Minister for “Disgraceful” Conduct

SYDNEY, AUSTRALIA – 1 APRIL 2020 – Solicitors Mark Northam and Sergio Zanotti Stagliorio of Northam Lawyers announce the release of their client PDWL who was illegally held in immigration detention after being granted a visa by the AAT Tribunal. The March 2020 decision by Justice Wigney at the Federal Court of Australia slammed the Minister for Immigration who had continued to detain the man even after he had been granted a visa, “simply because the Minister did not like the Tribunal’s decision.”
In a scathing 24-page decision, Justice Wigney repeatedly criticised the government for continuing to hold the man, described in court documents under the pseudonym “PDWL”, in detention despite a previous claim he was being released. Justice Wigney described as “disgraceful” the Minister’s decision to respond to a court order requiring information about the detention by providing a statement from a government lawyer that said the information could not be provided to the court because of “legal professional privilege.” Justice Wigney said the Minister had “willingly and flagrantly failed to comply” with the court order by Federal Court Justice Perry to provide the information, stating that “the conduct of the Minister in this case, on just about any view, has been disgraceful.” Justice Wigney also found in his decision that PDWL had been “unlawfully detained” by the government.
Solicitor Sergio Zanotti Stagliorio of Northam Lawyers said, “We took this case on an urgent basis and assembled a team in 2 hours because a man was being denied his freedom after he was granted a visa. His liberty was at stake and he needed immediate relief, and the government apparently had no intention of releasing him even after he had been granted a visa by the AAT. This is in direct violation of section 196 of the Migration Act, which requires the government to release a detainee upon grant of a visa. Our pro bono team worked hard to get this man released, and it was incredibly rewarding to call him after the hearing to tell him he was a free man.”
Northam Lawyers Principal Solicitor Mark Northam said, “This case is about how the rule of law protects all of us from overreach by the government. The Minister cannot simply ignore or fail to act on a decision of a court or tribunal because the Minister might not like that decision. We all have to live with the decisions of the courts and tribunals, including the Minister. We can only hope that this case sends a strong message both to the government and to anyone who may be unjustly held in immigration detention.”
The complete judgment of the Federal Court in the matter of PDWL is available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2020/2020fca0394
Northam Lawyers is a boutique Australian law firm focusing on complex immigration matters. For more information, visit www.nlaw.com.au or call 02 8006 5500 or 1800-VISA-88.

Contact: Mark Northam, Principal Solicitor
Northam Lawyers
Tel 02 8006 5500
Email mark@nlaw.com.au