Hussein v Secretary of the Department of Immigration and Multicultural and Indigenous Affairs [2006] FCA 286

FEDERAL COURT OF AUSTRALIA

Hussein v Secretary of the Department of Immigration and Multicultural and Indigenous Affairs [2006] FCA 286 MIGRATION – application for summary dismissal of claims against the Commissioner of the Australian Federal Police in respect of the investigation of alleged breaches of the Migration Act by unlawful non-citizens who have performed work in Australia

Migration Act 1958 (Cth) s 235 Migration Amendment Regulations 2006 (No 1) Administrative Decisions (Judicial Review) Act 1977 (Cth) s 3 Australian Federal Police Act 1979 (Cth)) ss 4, 8, 9, 37(1) and (2) O'Malley v Keelty, Australian Federal Police Commissioner [2004] FCA 1688 Hinchcliffe v Commissioner of Police of the Australian Federal Police [2001] FCA 1747 Regina v Commissioner of Police of the Metropolis; Ex parte Blackburn [1968] 2 QB 118 Rush v Commissioner of Police [2006] FCA 12 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Hutchins v Commissioner of Taxation (1996) 65 FCR 269 Australian National University v Lewins (1996) 68 FCR 87 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Salerno v National Crime Authority (1997) 75 FCR 133 Australian Conservation Foundation Incorporated v The Commonwealth of Australia (1980) 146 CLR 493 HUSSEIN v SECRETARY OF THE DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS & ORS NSD 1892 of 2005 GRAHAM J 22 MARCH 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1892 OF 2005

BETWEEN: MOTAHAR HUSSEIN

APPLICANT

AND: SECRETARY OF THE DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

DIMIA MANAGER FOR VILLAWOOD IMMIGRATION DETENTION CENTRE

SECOND RESPONDENT