NAKG of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1600

FEDERAL COURT OF AUSTRALIA

NAKG of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1600 MIGRATION – mandatory detention of an unlawful non-citizen pending removal from Australia – whether order for release should be made when the removal of the applicant from Australia in the reasonably foreseeable future is not reasonably practicable – whether previous decision of single judge of the Federal Court on the same issue should be followed.

Migration Act 1958 (Cth), ss 48B, 189, 196, 198 and 417

Federal Court of Australia Act 1976 (Cth), s 50

Al Masri v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1009 followed Vo v Minister for Immigration and Multicultural Affairs (2000) 98 FCR 371 considered Perez v Minister for Immigration and Multicultural Affairs (2002) 191 ALR 619 referred to R v Governor of Durham Prison; Ex parte Hardial Singh [1984] 1 WLR 704 referred to Tan Te Lam v Superintendent of Tai A Chau Detention Centre [1997] AC 97 referred to Zadvydas v Davis 533 US 678 (2001) referred to Al Khafaji v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1369 followed Repatriation Commission v Gorton (2001) 110 FCR 321 considered NAMU of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 401 referred to Minister for Immigration and Multicultural and Indigenous Affairs v VFAD of 2002 [2002] FCAFC 390 referred to NAKG OF 2002 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS AND THE COMMONWEALTH OF AUSTRALIA N512 of 2002 JACOBSON J SYDNEY 19 DECEMBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N512 of 2002

BETWEEN: NAKG OF 2002

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS