NAMU of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 401

FEDERAL COURT OF AUSTRALIA

NAMU of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 401 CONSTITUTIONAL LAW (CTH) – Migration – Provision requiring unlawful non-citizen to be kept in immigration detention until removal from Australia, deportation or grant of visa – "To avoid doubt" provision prevents release, even by a court, of an unlawful non-citizen unless granted a visa – Validity – Whether direction to court as to the manner in which it is to exercise its jurisdiction. The Constitution Ch III Migration Act 1958 (Cth) s 196 Chu Kheng Lim v Minister for Immigration Local Government and Ethnic Affairs (1992) 176 CLR 1 considered Reg v Deputy Governor of Parkhurst Prison [1992] 1 AC 58 cited Prisoners A – XXX Inclusive v New South Wales (1995) 38 NSWLR 122 cited VHAF v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1243 cited Luu v Minister for Immigration & Multicultural Affairs [2002] FCAFC 369 cited

NAMU of 2002, NAMV of 2002, NAMW of 2002 by their Tutor NAMX of 2002, NAMY of 2002 and NAMZ of 2002 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS and SECRETARY, DEPARTMENT OF IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 726 OF 2002 BLACK CJ, SUNDBERG and WEINBERG JJ 9 DECEMBER 2002 MELBOURNE (HEARD IN SYDNEY) IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY N 726 OF 2002

On appeal from a single judge of the Federal Court of Australia

BETWEEN: NAMU of 2002, NAMV of 2002, NAMW of 2002 by their Tutor NAMX of 2002, NAMY of 2002 and NAMZ of 2002

APPELLANTS

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

FIRST RESPONDENT

SECRETARY, DEPARTMENT OF IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

SECOND RESPONDENT

JUDGES: BLACK CJ, SUNDBERG and WEINBERG JJ DATE OF ORDER: 9 DECEMBER 2002 WHERE MADE: MELBOURNE (HEARD IN SYDNEY)