Commonwealth of Australia v Okwume [2018] FCAFC 69

FEDERAL COURT OF AUSTRALIA

Commonwealth of Australia v Okwume [2018] FCAFC 69 Appeal from: Okwume v Commonwealth of Australia [2016] FCA 1252

File numbers: SAD 315 of 2016 SAD 317 of 2016

Judges: BESANKO, MORTIMER AND WHITE JJ

Date of judgment: 4 May 2018

Catchwords: MIGRATION – appeals from orders made by a judge in connection with detention under the Migration Act 1958 (Cth) – where claim for unlawful detention or false imprisonment – where claim for damages and other compensation in relation to detention MIGRATION – whether the relevant visa was validly cancelled – whether there were jurisdictional errors committed in connection with the decision to cancel the visa – whether there was a failure to comply with s 119(1)(a) of the Migration Act – whether there was a failure to bring an independent mind to bear on the decision to cancel the visa MIGRATION – whether detention under s 189 of the Migration Act was lawful – whether the primary judge erred in holding that there was no reasonable suspicion for the purposes of s 189 of the Migration Act – whether the primary judge erred in concluding that an officer was empowered under s 189 of the Migration Act to detain a person without making an independent inquiry as to the relevant facts and circumstances regarding the holding of a (cancelled) visa – interpretation of ss 189 and 196 of the Migration Act – whether unlawful detention was established DAMAGES – whether damages should be awarded for unlawful detention – whether claim for damages ought to be remitted to the primary judge for assessment on the basis of false imprisonment – whether the amount of damages awarded by the primary judge in relation to unlawful detention was manifestly inadequate PRACTICE AND PROCEDURE – whether primary judge's orders ought to be set aside – whether appeals ought to be dismissed with costs