Minister for Immigration and Multicultural and Indigenous Affairs v Cisinski [2004] FCAFC 302

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Multicultural and Indigenous Affairs v Cisinski [2004] FCAFC 302

MIGRATION – detention pending deportation – delay in executing deportation order – whether continued detention authorised – construction of s 253 Migration Act 1958 (Cth) – whether implied limitation restricting period of detention to a reasonable period necessary to complete the removal of deportee – limitation on detention pursuant to Constitutional separation of powers Migration Act 1958 (Cth) s 200, s 253 Commonwealth of Australia Constitution Act 1901 (Cth) Al-Kateb v Godwin (2004) 208 ALR 124 referred to Chu Kheng Lim v Minister for Immigration and Ethnic Affairs (1992) 176 CLR 1 referred to Koon Wing Lau v Caldwell (1949) 80 CLR 533 referred to Luu v Minister for Immigration and Multicultural Affairs (2002) 127 FCR 24 referred to Minister for Immigration and Multicultural and Indigenous Affairs v Al Masri (2003) 197 ALR 241 referred to Park Oh Ho v Minister for Immigration and Ethnic Affairs (1989) 167 CLR 637 referred to Re Woolley; Ex parte Applicants M276/2003 [2004] HCA 49 referred to Te v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 204 ALR 497 referred to Te, in the matter of an application for writs of Habeas Corpus, Prohibition and Mandamus against Ruddock [2003] FCA 661 referred to Vo v Minister for Immigration and Multicultural Affairs (2000) 98 FCR 371 referred to Minister for Immigration and Multicultural and Indigenous Affairs v Kaschimier Cisinski WAD 183 of 2004 R D Nicholson, Jacobson and Bennett JJ 24 November 2004 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 183 of 2004

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

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS