Graham v Minister for Immigration and Border Protection [2018] FCA 1012

FEDERAL COURT OF AUSTRALIA

Graham v Minister for Immigration and Border Protection [2018] FCA 1012

File number: VID 447 of 2015

Judge: TRACEY J

Date of judgment: 6 July 2018

Catchwords: MIGRATION – application for judicial review of a decision that the applicant's detention under ss 189 and 196 of the Migration Act 1958 (Cth) continue at the Goulburn Correctional Centre – where the applicant's Class TY (Subclass 444) Special Category (Temporary) visa was cancelled on character grounds pursuant to s 501(3)(b) of the Act – where the applicant was taken into detention in Tasmania – where the applicant was subsequently transferred to and detained at the Goulburn Correctional Centre in New South Wales – where the applicant wished to be detained in Tasmania in order to be close to his family – whether the decision-maker erred in misconstruing ss 189 and 196 of the Act – whether the decision-maker denied the applicant procedural fairness – whether the decision was legally unreasonable STATUTORY INTERPRETATION – whether the Migration Act 1958 (Cth) imposes an implied duty upon managers of places of "immigration detention" or "officers", as defined under that Act, to accept into custody an unlawful non-citizen at the request of the officer in whose company that person is detained – consideration of the principle that, as a matter of statutory construction, a court should not readily conclude that one polity in a federation is to be taken to be legislating with respect to officers of a different polity ADMINISTRATIVE LAW – whether the implied power in the Migration Act 1958 (Cth) to transfer, or not to transfer, a detainee between places of immigration detention is conditioned by a duty to accord that detainee procedural fairness