Question
Serena Air is the government owned airline of the Republic of Serena. Serena Air has a small fleet of aircraft, all of which are leased
Serena Air is the government owned airline of the Republic of Serena. Serena Air has a small fleet of aircraft, all of which are leased from Air Services Co, a company incorporated in the United States. Serena is a major tourism destination, and most passengers on Serena Air flights are tourists travelling to or from Serena.
Serena Air has recently been awarded a contract by the government of Serena to transport asylum seekers detained by the Serena Government from its main territory to a remote offshore processing facility. Human rights groups have provided compelling evidence that Serena is failing to respect the rights of those it has detained, as a result of delays in assessing their claims to protection under the 1951 Refugee Convention, in failing to allow rights of review or appeal, and in detaining asylum seekers for indefinite periods in harsh conditions that amounted to torture.
In March 2020, a Serena Air aircraft used for an immigration transport flight landed in Brisbane to undergo repairs. An asylum seeker who had been on board the flight has commenced proceedings in the Federal Court of Australia against Serena Air, the Republic of Serena and named Serena immigration officials seeking damages. He alleges that he was subject to false imprisonment and inhumane and degrading treatment contrary to international law, and that he is entitled to compensation. You are an Associate to a Justice of the Federal Court and she has asked you to generate a memorandum on the issues of jurisdiction and immunity raised by these allegations.
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