Daniel v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 20

FEDERAL COURT OF AUSTRALIA

Daniel v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 20 MIGRATION – detention of unlawful non-citizen – period of detention – whether detention subject to implicit temporal limitation.

Migration Act 1958 (Cth) s 189(1), s 196(1), s 198(1) and (6) Al Masri v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 192 ALR 609 not followed NAES v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 2 followed NAKG of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1600 applied R v Governor of Durham Prison, Ex parte Hardial Singh [1984] 1 WLR 704 considered Tan Te Lam v Superintendent of Tai A Chau Detention Centre [1997] AC 97 considered WAIS v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1625 applied Zadvydas v Davis 533 US 678 (2001) considered Amad Habib Daniel v Minister for Immigration & Multicultural & Indigenous Affairs & Ors N 1210 of 2002 WHITLAM J 24 JANUARY 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1210 of 2002

BETWEEN: AMAD HABIB DANIEL

APPLICANT

AND: MINISTER FOR IMMIGRATION AND

MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

SUPERINTENDENT, VILLAWOOD

IMMIGRATION DETENTION CENTRE

SECOND RESPONDENT

SECRETARY, DEPARTMENT OF

IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

THIRD RESPONDENT

JUDGE: WHITLAM J

DATE: 24 JANUARY 2003

PLACE: SYDNEY

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant is to pay the costs of the first and third respondents. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA