SHDB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 30

FEDERAL COURT OF AUSTRALIA

SHDB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 30

MIGRATION - detention of unlawful non-citizen - whether detention subject to implicit temporal limitation - duty to arrange removal from Australia - "as soon as reasonably practicable" - how duty enforced

Migration Act 1958 (Cth) - ss 189, 196, 198

Al Khafaji v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1369 cited Al Masri v Minister for Immigration and Multicultural & Indigenous Affairs [2002] FCA 1009 not followed Applicant WAIW of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 621 cited Daniel v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 20 followed NAES v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 2 cited NAKG v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1600 cited SHFB v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 29 followed VFAD v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1062 cited WAIS v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1625 followed

SHDB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NO S3 of 2003 SELWAY J 30 JANUARY 2003 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S3 OF 2003

BETWEEN: SHDB

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: SELWAY J

DATE OF ORDER: 30 JANUARY 2003

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: The application seeking: a. a writ in the nature of mandamus, and b. a declaration that the Applicant is unlawfully obtained, and c. an order in the nature of habeas corpus for the release of the Applicant from detention be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.