Dang v Minister for Immigration & Multicultural Affairs [1998] FCA 1484

FEDERAL COURT OF AUSTRALIA

MIGRATION LAW – 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 detention effected under s 253 – whether there is power to detain after giving a notice under s 254(2) Administrative Decisions (Judicial Review) Act 1977 (Cth): s 5, s 11(1)(c) Judiciary Act 1903 (Cth): s 39B Migration Act 1958 (Cth): s 5(1), s 200, s 201, s 209, s 253, s 254 McCafferty v Minister for Immigration and Ethnic Affairs (1995) 61 FCR 275 Tuiletufuga v Minister for Immigration and Multicultural Affairs (unreported, Lehane J, 2 October 1998) Meng Kok Te v Minister for Immigration and Ethnic Affairs (unreported, Branson J, 18 October 1998) Halmi v Minister for Immigration and Multicultural Affairs (unreported, Wilcox J, 29 January 1998) Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Haining v Deputy President Drake & Ors (unreported, Full Court of the Federal Court, 17 September 1998) CHI DUNG DANG v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS and GOVERNOR OF PORT PHILLIP PRISON VG 412 of 1998 KENNY J

MELBOURNE 20 NOVEMBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 412 of 1998

BETWEEN: CHI DUNG DANG

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

GOVERNOR OF PORT PHILLIP PRISON

Second Respondent

JUDGE: KENNY J

DATE OF ORDER: 20 NOVEMBER 1998

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The time allowed for lodging the application for an order of review under s 5 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) is extended to 25 August 1998. 2. The application is dismissed. 3. The applicant is to pay two thirds of the first respondent's costs of the application including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.