Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Al Masri v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1099
MIGRATION – order for release from detention of an unlawful non-citizen where there is no real likelihood or prospect of removal from Australia in the reasonably foreseeable future – whether further detention is lawful when there is a real likelihood or prospect of removal in the reasonably foreseeable future
Migration Act 1958 Cth ss 189, 196(1)(a) and 198
Acts Interpretation Act 1901 (Cth) s 33(1)
Al Masri v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1009 - considered
Al Masri v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1037 - cited
Tan Te Lam v Superintendent of Tai A Chau Detention Centre [1997] AC 97 - considered
Plenty v Dillon (1991) 171 CLR 635 - cited
Coco v The Queen (1994) 179 CLR 427 - cited
R v Durham Prison Governor; Ex parte Hardial Singh (1984) 1 W.L.R. 704 - considered
AKRAM OUDA MOHAMMAD AL MASRI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
S135 OF 2002
MERKEL J
6 SEPTEMBER 2002
MELBOURNE (HEARD IN 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
RESPONDENT JUDGE: MERKEL J
DATE OF ORDER: 6 SEPTEMBER 2002
WHERE MADE: MELBOURNE (HEARD IN ADELAIDE)
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the application. 3. The interlocutory order restraining the Minister from detaining the applicant without giving 24 hours prior notice of his intention to do so be discharged.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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