Goldie v Commonwealth of Australia [2002] FCAFC 100 ; [2002] FCA 433

Goldie v Commonwealth of Australia [2002] FCAFC 100 Goldie v Commonwealth of Australia [2002] FCA 433

NOTE: CHANGES TO THE MEDIUM NEUTRAL CITATION (MNC) The Federal Court adopted a new medium neutral citation (FCAFC) for Full Court judgments effective from 1 January 2002. Single Judge judgments will not be affected and will retain the FCA medium neutral citation. The transitional arrangements are as follows: * All Full Court judgments delivered prior to 1 January 2002 will retain the FCA medium neutral citation. * All Full Court judgments delivered between 1 January 2002 to 30 April 2002 have been assigned parallel medium neutral citations in both the FCA and FCAFC series. * All Full Court judgments delivered from 1 May 2002 will contain the FCAFC medium neutral citation only.

FEDERAL COURT OF AUSTRALIA

Goldie v Commonwealth of Australia [2002] FCA 433 MIGRATION – arrest and detention – whether officer knew or reasonably suspected that person an unlawful non-citizen – suspicion formed on viewing computer record of person's movements – record out of date – whether suspicion reasonable in light of knowledge of conflicting facts – whether duty to investigate MIGRATION – jurisdiction of Court – whether jurisdiction to review decision to grant visa – application for and grant of bridging visa E as a means of obtaining release from detention – application outside time limited for review – whether jurisdiction to grant declaratory relief in respect of other proceedings in the Court terminated by self-executing orders – whether jurisdiction to grant declaratory relief as to entitlement to a visa TORTS – false imprisonment – whether arrest and detention justified by statutory power – whether officer knew or reasonably suspected that person an unlawful non-citizen – suspicion formed on viewing computer record of person's movements – record out of date – whether suspicion reasonable in light of knowledge of conflicting facts – whether duty to investigate TORTS – negligence – entry in computer of incorrect passport number – no evidence of circumstances in which error occurred – whether factual basis to assess foreseeability of harm arising from error at the time it was made TORTS – misfeasance in public office – alleged inaccuracies and subjective comments in record of interview – alleged alteration of statement of witness in a manner prejudicial to applicant for visa – alleged apprehension and detention when officer knew or ought to have known that person had a valid bridging visa – advice that person in detention could only apply for a bridging visa E – alleged officer knew or ought to have known that person eligible for bridging visa A or B but not E – whether intention to harm – whether officers knowingly acted in excess of power or in reckless disregard of limits of power ADMINISTRATIVE LAW – natural justice – decisions relating to visas – whether bias – whether ulterior purpose WORDS AND PHRASES – "knows or reasonably suspects" Migration Act 1958 (Cth) ss 189(1), 192, 196, 476, 477, 478(1)(b), 478(2), 485, 501 Domestic Violence (Family Protection) Act 1989 (Qld) Bankruptcy Act 1924-1960 (Cth) s 95 Commonwealth Companies (Victoria) Code s 16A Judiciary Act 1903 (Cth) s 485 Australian Constitution s 75 Migration Regulations 1994 (Cth) Sch 2 cl 020.511(b) International Covenant on Civil and Political Rights Article 9 Minister for Immigration & Multicultural Affairs v A [1999] FCA 1679 (1999) 91 FCR 435 referred to Yilmaz v Minister for Immigration & Multicultural Affairs [2000] FCA 906 (2000) 100 FCR 495 referred to Sevim v Minister for Immigration & Multicultural Affairs [2001] FCA 1597 followed Goldie v Commonwealth of Australia [2000] FCA 1873 referred to Goldie v Minister for Immigration & Multicultural Affairs [1999] FCA 349 referred to Goldie v Minister for Immigration & Multicultural Affairs [1999] FCA 1277 referred to Goldie v Minister for Immigration and Multicultural Affairs [2001] FCA 1318 referred to Kioa v West (1985) 159 CLR 550 referred to Queensland Bacon Pty Ltd v Rees (1966) 115 CLR 266 referred to Commissioner for Corporate Affairs v Guardian Investments Pty Ltd [1984] VR 1019 referred to R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 referred to Oguzhan v Minister for Immigration & Multicultural Affairs [2000] FCA 781 followed Hocine v Minister for Immigration & Multicultural Affairs [2000] FCA 778 (2000) 199 FCR 269 followed Rahman v Minister for Immigration & Multicultural Affairs [2002] FCA 83 followed Donoghue v Stevenson [1932] AC 562 referred to Perre v Apand Pty Ltd (1999) 198 CLR 180 followed Northern Territory v Mengel (1995) 185 CLR 307 followed Sanders v Snell (1998) 196 CLR 329 followed BRIAN GERALD JAMES GOLDIE v THE COMMONWEALTH OF AUSTRALIA, THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS, JEFFREY PAUL TUNBRIDGE, ANTHONY BATTAGLINI, ROSS THOMAS GREGG, MICHAEL ALLAN CAIN, JAMES FREDERICK McCORMACK, THOMAS HOENIG AND DONNA RIORDAN W 13 of 2001 GRAY, LEE AND STONE JJ 12 APRIL 2002 MELBOURNE (HEARD IN PERTH)