NAMU of 2002 v Secretary, Department of Immigration Indigenous & Multicultural Affairs [2002] FCA 907

FEDERAL COURT OF AUSTRALIA

NAMU of 2002 v Secretary, Department of Immigration, Indigenous & Multicultural Affairs [2002] FCA 907

MIGRATION – application for declaration that s 196 of Migration Act 1958 (Cth) constitutionally invalid as purporting to derogate from jurisdiction vested in Federal Court – determination of separate question. Migration Act 1958 (Cth) s 189, 196, 198 - 200 Judiciary Act 1903 (Cth)s 39B Bill of Rights (1866) UK Art 10 Chu Kheng Lim v The Minister for Immigration, Local Government and Ethnic Affairs (1992) 176 CLR 1 applied/distinguished Coco v The Queen (1993/1994) 179 CLR 427 referred to Egan v Willis (1998) 195 CLR 424 referred to R v Deputy Governor of Parkhurst Prison [1992] 1 AC 58 cited Prisoners A - XXX Inclusive v New South Wales (1995) 38 NSWLR 622 cited The Commonwealth and the Central Wool Committee v The Colonial Combing, Spinning and Weaving Co Ltd (1921/1922) 31 CLR 421 referred to

NAMU OF 2002, NAMV OF 2002, NAMW OF 2002, NAMX OF 2002, NAMY OF 2002 AND NAMZ OF 2002 V SECRETARY, DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

NO. N 636 OF 2002

BEAUMONT ACJ

4 JULY 2002

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 636 OF 2002

BETWEEN: NAMU OF 2002

NAMV OF 2002

NAMW OF 2002

NAMX OF 2002

NAMY OF 2002

NAMZ OF 2002

APPLICANTS

AND: SECRETARY, DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

SECOND RESPONDENT

JUDGE: BEAUMONT ACJ

DATE OF ORDER: 4 JULY 2002

WHERE MADE: SYDNEY