Ghomrawi v Minister for Immigration & Multicultural Affairs [1999] FCA 1454

FEDERAL COURT OF AUSTRALIA

Ghomrawi v Minister for Immigration & Multicultural Affairs [1999] FCA 1454 MIGRATION – applicant in immigration detention – whether detention unlawful – whether applicant an unlawful non-citizen at time taken into detention – whether government official refused to accept a valid application for substantive visa – whether refusal to accept valid visa application capable of leading to deemed grant of bridging visa ADMINISTRATIVE LAW – whether conditions of detention capable of rendering otherwise lawful detention unlawful – transfer of applicant from immigration detention centre to State correctional facility – whether failure to comply with departmental policy in making decision to transfer – whether relevant considerations not taken into account in making decision to transfer – whether irrelevant considerations taken into account in making decision to transfer – whether applicant not afforded procedural fairness with respect to the making of the decision - successive decisions not to transfer applicant back to immigration detention centre – whether decision-maker failed to bring open mind to each monthly review – whether irrelevant considerations taken into account Migration Act 1958 (Cth), s 13(1), s 14(1), s 189, s 196(1), s 48, s 73, s 67, s 45, s 46, s 47 Judiciary Act 1903 (Cth), s39B Migration Regulations 1994 (Cth), reg 2.12(1), Item 030.212(2) to Schedule 2, reg 2.07 Trengove v Repatriation Commission (1994) 122 ALR 271, referred to Finance Facilities Pty Ltd v Commissioner of Taxation (1971) 127 CLR 106, referred to Minister for Immigration & Ethnic Affairs v Guo (1997) 191 CLR 559, cited Minister for Immigration & Ethnic Affairs v Polat (1995) 57 FCR 98, applied

HASSAN GHOMRAWI v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

N398 OF 1999 EMMETT J 22 OCTOBER 1999 SYDNEY