NAGA v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 224

FEDERAL COURT OF AUSTRALIA

NAGA v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 224

MIGRATION – detention of unlawful non-citizens – application for writs of or orders in the nature of a writ of habeas corpus – whether detention unlawful – where Minister taking all reasonable steps to secure removal as soon as is reasonably practicable – where removal not reasonably practicable in the reasonably foreseeable future

The Constitution Ch III, s 51(xix) Judiciary Act 1903 (Cth) s 39B, s 78B Migration Act 1958 (Cth) ss 5, 13, 29, 31, 36, 46, 47, 48A, 48B, 65, 91X, 189, 196, 198, 199, 412, 414, 415

Al Khafaji v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1369 considered Al Masri v Minister for Immigration & Multicultural & Indigenous Affairs (2002) 192 ALR 609 not followed Applicant WAIW of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1621 considered Chu Kheng Lim v Minister for Immigration, Local Government and Ethnic Affairs (1992) 176 CLR 1 cited Chung Tu Quan, Re [1995] 1 HKC 566 referred to Daniel v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 20 considered NAKG of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1600 considered NAES v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 2 considered R v Governor of Durham Prison; Ex parte Hardial Singh [1984] 1 WLR 704 referred to Ruddock v Vadarlis (2001) 110 FCR 491 referred to SHFB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 29 considered Tan Te Lam v Superintendent of Tai A Chau Detention Centre [1997] AC 97 referred to WAIS v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1625 considered Zadvydas v Davis 533 US 678 (2001) referred to NAGA v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS