Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ASP15 v Commonwealth of Australia [2016] FCAFC 145 Appeal from: ASP15 v Commonwealth of Australia & Anor (No.3) [2015] FCCA 3275 AKZ15 v Commonwealth of Australia & Anor (No.3) [2015] FCCA 3285
File numbers: NSD 1741 of 2015 NSD 1742 of 2015
Judges: ROBERTSON, GRIFFITHS AND BROMWICH JJ
Date of judgment: 21 October 2016
Catchwords: MIGRATION – appeal from dismissal of application before the Federal Circuit Court for damages for unlawful imprisonment – where appellants claimed unreasonable delay in processing protection visa applications following repeal of s 65A of the Migration Act 1958 (Cth) – claim for unlawful imprisonment and damages arising from duration of mandatory detention – ambit of Minister's authority to detain – no legal or factual basis for appeal – appeal dismissed
Legislation: Australian Security Intelligence Organisation Act 1979 (Cth), s 4 Migration Act 1958 (Cth), ss 36, 36(1B), 36(1C), 46A, 47, 65, 65A, 91W, 91WA, 189, 189(1), 189(2), 195A, 196, 197AB, 198, 336E, 336F, 494AA, 501 Migration Amendment Act 2014 (Cth) Migration Amendment (Conversion of Protection Visa Applications) Regulation 2015 (Cth) Migration Amendment (Protection and Other Measures) Act 2015 (Cth) Migration Amendment (Unauthorised Maritime Arrival) Regulation 2013 (Cth) Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth), s 2, Sch 7 Pt 1 item 4, Pt 2 item 16(2) Migration Regulations 1994 (Cth), reg 2.08F, Sch 2 cll 866.222, 866.225 Convention Relating to the Status of Refugees (1951) (as amended by the Protocol relating to the Status of Refugees (1967)), Arts 1F, 1F(b), 32, 33(2)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate