Agha v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 164

FEDERAL COURT OF AUSTRALIA

Agha v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 164 MIGRATION – habeas corpus – real likelihood or prospect of removal from Australia in the reasonably foreseeable future – burden of proof - satisfaction to a sufficient degree in the context of determining the personal liberty of the applicants – consideration of the expertise of persons responsible for the conduct of Australia's international relations - drawing inferences from expert opinion and communications between Australian government and government of a foreign state EVIDENCE – hearsay exception - where evidence relevant to another purpose – expert opinion – specialised knowledge based on experience COSTS - person detained should not be deterred by the prospect of a costs order from seeking his or her liberty Evidence Act 1995 (Cth) s 60 & 136 Migration Act 1958 (Cth) s 198 Agha v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1512 referred to Attorney General UK v Heinemann Publishers Australia Pty Limited (1988) 165 CLR 30 referred to Cabal v United Mexican States (No 6) (2000) 174 ALR 747 applied Haney v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1555 applied Hussain v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1513 referred to Minister for Immigration and Multicultural and Indigenous Affairs v Al Masri (2003) 197 ALR 241 applied Petrotimor Companhia de Petroleos S.A.R.L. v Commonwealth of Australia (2003) 197 ALR 461 referred to Qasim v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1569 referred to R v Home Secretary; ex parte Khawaja [1984] 1 AC 74 applied Rahmatullah v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1573 referred to SHMB v Goodwin [2003] FCA 1053 referred to SPKB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 546 referred to SPKB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 296 referred to SPKB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1116 referred to SPKB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 295 referred to WAIS v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1625 referred to