Te, in the matter of an application for writs of Habeas Corpus, Prohibition & Mandamus against Ruddock [2003] FCA 661

FEDERAL COURT OF AUSTRALIA

Te, in the matter of an application for writs of Habeas Corpus, Prohibition & Mandamus against Ruddock [2003] FCA 661

MIGRATION – deportation of non-citizen – detention of applicant pending deportation – lawfulness of detention – delay in executing deportation order – effect of lapse of time – whether implied limit on length of detention – whether lapse of time shows detention to be for ulterior purpose – whether lapse of time shows purpose of effecting deportation cannot be carried out – relevance of proceedings taken by deportee to challenge deportation order – failure of deportee to provide information relevant to obtaining travel document Migration Act 1958 (Cth) ss 206, 253 Meng Kok Te v Minister for Immigration & Ethnic Affairs [1998] FCA 1339, cited Meng Kok Te v Minister for Immigration & Ethnic Affairs [1999] FCA 111, cited Re Minister for Immigration & Multicultural Affairs; Ex parte Te [2002] HCA 48 (2002) 193 ALR 37, cited Koon Wing Lau v Calwell (1949) 80 CLR 534, applied Park Oh Ho v Minister for Immigration & Ethnic Affairs (1989) 167 CLR 637, applied Vo v Minister for Immigration & Multicultural Affairs [2000] FCA 803 (2000) 98 FCR 371, followed Perez v Minister for Immigration & Multicultural Affairs [1999] FCA 1342 (1999) 94 FCR 287, referred to Luu v Minister for Immigration & Multicultural Affairs [2002] FCAFC 369 (2002) 197 ALR 433, followed Chu Kheng Lim v Minister for Immigration, Local Government & Ethnic Affairs (1992) 176 CLR 1, referred to Minister for Immigration & Multicultural & Indigenous Affairs v Al Masri [2003] FCAFC 70 (2003) 197 ALR 241, discussed Perez v Minister for Immigration & Multicultural Affairs [2002] FCA 450, 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 R (Saadi) v Secretary of State for the Home Department [2002] UK HL 41 [2002] 4 All ER 785, referred to R (I) v Secretary of State for the Home Department [2002] EWCA Civ 888, referred to Zadvydas v Davis 533 US 678 (2001), referred to Cabal v Secretary, Department of Justice (Victoria) [2000] FCA 1227, applied Cabal v United Mexican States (No 6) [2000] FCA 651 (2000) 174 ALR 747, followed