Federal Court of Australia
Federal Court of Australia
Tran v Commonwealth of Australia [2021] FCA 580 File number(s): NSD 1146 of 2020
Judgment of: JAGOT J
Date of judgment: 1 June 2021
Catchwords: MIGRATION – lawfulness of the detention of unlawful non-citizen under Migration Act 1958 (Cth) for the purpose of removal from Australia as soon as reasonably practicable – application dismissed
Legislation: Migration Act 1958 (Cth) ss 4, 14, 189(1), 195A, 196(1), 196(2), 196(3), 196(4), 198(1), 501(3A)
Cases cited: AJL20 v Commonwealth of Australia [2020] FCA 1305 Al-Kateb v Godwin [2004] HCA 37; (2004) 219 CLR 562 Arthur as litigation representative for CYG20 v Commonwealth of Australia [2021] FCA 259 BHL19 v Commonwealth of Australia [2021] FCA 462 Blatch v Archer (1774) 1 Cowp 63 Chu Kheng Lim v Minister for Immigration, Local Government and Ethnic Affairs [1992] HCA 64; (1992) 176 CLR 1 Daniel v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 20; (2003) 196 ALR 52 Hicks v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 757 McHugh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 223; (2020) 385 ALR 405 Palmer v Western Australia [2021] HCA 5 Plaintiff M76/2013 v Minister for Immigration, Multicultural Affairs and Citizenship [2013] HCA 53; (2013) 251 CLR 322 Snedden v Minister for Justice [2014] FCAFC 156; (2014) 230 FCR 82
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