Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Applicant M38/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 458
MIGRATION – obligation to remove an unlawful non-citizen – ambiguity as to where a person is to be removed to – whether removal is permitted where it would constitute refoulement INTERNATIONAL TREATIES – incorporation of treaties into Australian municipal law – construction which accords with Australia's treaty obligations where legislation ambiguous PRACTICE & PROCEDURE – orders striking out a proceeding only where inevitable the proceeding will fail – assumed accuracy of the facts pleaded by the applicant WORDS & PHRASES – 'remove'
Migration Act 1958 (Cth) s198(6)
Judiciary Act 1903 (Cth) s39B
Convention relating to the Status of Refugees (1951)Article 33 Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment (1967)Article3
Applicant M38/2002 v Refugee Review Tribunal [2003] FCA 58 referred to
Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 applied
Minister for Immigration Multicultural and Indigenous Affairs v Al Masri [2003] FCAFC 70 distinguished
Minogue v Human Rights and Equal Opportunity Commission (1999) 84 FCR 438 applied
Re Minister for Immigration and Multicultural Affairs; ex parte SE [1998] HCA 72 applied
Chahal v United Kingdom (1996) 23 EHRR 413 discussed
Webster v Lampard (1993) 177 CLR 598 applied
General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 applied
APPLICANT M38/2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V143 OF 2003
MARSHALL J MELBOURNE 15 MAY 2003
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V143 OF 2003
BETWEEN: APPLICANT M38/2002
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate