NATB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 292

FEDERAL COURT OF AUSTRALIA

NATB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 292

MIGRATION – removal of unlawful non-citizen from Australia – duty of officer to remove the non-citizen 'as soon as reasonably practicable' – whether this qualification imposes an obligation on the officer to consider any prospective persecution or torture of the non-citizen in the country to which he or she is removed.

Migration Act 1988 (Cth) ss 5, 14, 48B, 198, 351, 417

M38/2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 199 ALR 290 discussed and followed NATB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 185 referred to General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 applied Uebergang v Australian Wheat Board (1980) 145 CLR 266 discussed Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte SE (1998) 158 ALR 735 agreed with Plaintiff S157 v Commonwealth of Australia (2003) 195 ALR 24 discussed

NATB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS – N 1294 of 2003

SAAK v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS – S 633 of 2003

SDAE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS – S 779 of 2003 MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS v SDAE – S 780 of 2003 WILCOX, LINDGREN AND BENNETT JJ 16 DECEMBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA N 1294 OF 2003

NEW SOUTH WALES DISTRICT REGISTRY

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: NATB

APPELLANT AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: WILCOX, LINDGREN AND BENNETT JJ

DATE OF ORDER: 16 DECEMBER 2003

WHERE MADE: SYDNEY