Tuiletufuga, Faleata v Immigration & Multicultural Affairs [1998] FCA 1255

FEDERAL COURT OF AUSTRALIA MIGRATION LAW – detention pending application to Administrative Appeals Tribunal for review of deportation order – lawfulness of detention of deportee following term of custody by State authority – interaction of ss 253 and 254 of the Migration Act 1958 (Cth) – whether in the case of a deportee in the custody of an authority of the Commonwealth, State or Territory, s 254 applies to the exclusion of s 253 as the sole power to detain – whether serving a notice under s 254(2) is effective to transfer deportee to immigration detention or detention under s 253(8) at the custody transfer time – meaning of "detain" for the purposes of s 253(1). ADMINISTRATIVE LAW – application to set aside both decision to detain applicant and decision not to order applicant's release – whether failure to take relevant considerations into account – whether exercise of power so unreasonable that no reasonable person could have so exercised it. Migration Act 1958 (Cth), ss 5(1), 189(1), 195, 196, 198(1), 200, 201, 209, 253, 254 Judiciary Act 1903 (Cth), s 39B

Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 11(1)(c), 13, 16 McCafferty v Minister for Immigration and Ethnic Affairs (1995) 61 FCR 275, considered Gray v Minister for Immigration, Local Government and Ethnic Affairs (1992) 38 FCR 351, cited Halmi v Minister for Immigration and Multicultural Affairs, (Wilcox J, 29 January 1998, unreported), not followed Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24, applied

Towers v Minister for Immigration and Multicultural Affairs, (Carr J, 16 February 1998, unreported), cited

FALEATA TUILETUFUGA v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

ng 719 OF 1998

lehane j

sydney

2 october 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 719 of 1998