B v The Secretary, Department of Immigration and Multicultural and Indigenous Affairs [2004] FCA 699

FEDERAL COURT OF AUSTRALIA

B v The Secretary, Department of Immigration and Multicultural and Indigenous Affairs [2004] FCA 699 IMMIGRATION – detention of unlawful non-citizens – children – whether children should be detained – in what circumstances children should be detained – injunction – serious question – balance of convenience – inappropriate orders.

Judiciary Act 1903 (Cth) Migration Act 1958 (Cth) Immigration (Guardianship of Children) Act 1946 (Cth) Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Applicants S134/2002 (2003) 211 CLR 441 cited Minister for Immigration and Multicultural and Indigenous Affairs v B & Anor [2004] HCA 20 cited Al Khafaji v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1369 cited Minister for Immigration and Multicultural and Indigenous Affairs v Al Masri (2003) 197 ALR 241 cited Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148 applied Australian Capital Television Pty Ltd v The Commonwealth (1992) 66 ALJR 214 cited Chu Kheng Lim v The Minister for Immigration, Local Government and Ethnic Affairs (1992) 176 CLR 1 followed NAMU of 2002 and Others v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 124 FCR 589 cited SPKB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1116 cited SPKB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 296 cited Williams v The Queen (1986) 161 CLR 278 cited SHMB v Goodwin [2003] FCA 1053 cited SHMB v Goodwin (No 2) [2003] FCA 1171 cited

B & ORS by their next friend RB v THE SECRETARY, DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS and AMANDA VANSTONE; THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS S 82 of 2004 LANDER J 3 JUNE 2004 ADELAIDE