Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fernando v Commonwealth of Australia (No 4) [2010] FCA 1475 Citation: Fernando v Commonwealth of Australia (No 4) [2010] FCA 1475
Parties: WANNAKUWATTEMITIWADUGE LLOYD NIRMALEEN FERNANDO BY HIS TUTOR JOHN ROBERT BRODERICK LEY v COMMONWEALTH OF AUSTRALIA and HONOURABLE GARY HARDGRAVE, FORMERLY ACTING MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
File number: WAD 111 of 2007
Judge: SIOPIS J
Date of judgment: 24 December 2010
Corrigendum: 14 February 2011
Catchwords: TORT – false imprisonment – misfeasance in public office – applicant's permanent residency visa unlawfully cancelled – applicant detained in immigration detention – aggravated damages – exemplary damages.
Legislation: Migration Act 1958 (Cth) ss 189, 501, 501(2)
Cases cited: Muuse v Secretary of State for the Home Department [2010] EWCA CIV 453 Uren v John Fairfax & Sons Pty Limited (1966) 117 CLR 118 Henry v Thomson [1989] 2 Qd R 412 State of New South Wales v Ibbett [2005] NSWCA 445 XL Petroleum (NSW) Proprietary Limited v Caltex Oil (Australia) Proprietary Limited (1985) 155 CLR 448 New South Wales v Ibbett (2006) 229 CLR 638 Kuddus v Chief Constable of Leicestershire [2002] 2 AC 122 State of New South Wales v Delly (2007) 70 NSWLR 125 Nystrom v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 143 FCR 420 Shaw v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 142 FCR 402
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