Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Al Masri v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1009
MIGRATION – mandatory detention of an unlawful non-citizen pending removal from Australia – whether detention is unlawful when there is no real likelihood or prospect of removal in the reasonably foreseeable future – whether order for release should be made
Migration Act 1958 (Cth) ss 189, 196, 198, 200 and 253
Federal Court of Australia Act 1976 (Cth) s 23
Lim v Minister for Immigration (1992) 176 CLR 1 – considered
Koon Wing Lau v Calwell (1949) 80 CLR 534 - cited
NAMU of 2002 v Secretary, Department of Immigration, Indigenous and Multicultural Affairs [2002] FCA 907 - considered
Perez v Minister for Immigration an Multicultural Affairs [2002] FCA 450 - cited
Vo v Minister for Immigration and Multicultural Affairs (2000) 98 FCR 371 - considered
R v Governor of Durham Prison; Ex parte Hardial Singh [1984] 1 WLR 704 - applied
Tan Te Lam v Superintendent of Tai A Chau Detention Centre [1997] AC 97 – applied
R v Home Secretary; Ex parte Khawaja [1984] AC 74 - cited
Re Chung Tu Quan & Ors [1995] 1 HKC 566 - cited
Zadvydas v Davis, 533 U.S. 678 (2001) - applied
Jones v Dunkel (1959) 101 CLR 298 - applied
Somerset v Stewart (1772) 98 ER 499 – cited
R v Langdon; Ex parte Langdon (1953) 88 CLR 158 – cited
Victorian Council of Civil Liberties v Minister for Immigration (2001) 110 FCR 452 – cited
Ruddock v Vadarlis (2001) 110 FCR 491 – cited
AKRAM OUDA MOHAMMAD AL MASRI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
S135 OF 2002
JUDGE: MERKEL J
DATE: 15 AUGUST 2002
PLACE: ADELAIDE
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 135 OF 2002
BETWEEN: AKRAM OUDA MOHAMMAD AL MASRI
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
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