Federal Court of Australia
Federal Court of Australia
Bethell v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 661 File number: QUD 95 of 2021
Judgment of: RANGIAH J
Date of judgment: 17 June 2021
Catchwords: MIGRATION – Migration Act 1958 (Cth) – detention of unlawful non-citizen under s 189 – application for habeas corpus – whether steps taken to remove the applicant "as soon as reasonably practicable" under s 198(5) – whether applicant is currently detained for a permissible purpose – whether detention unlawful – application dismissed
Legislation: Migration Act 1958 (Cth) ss 14, 116, 133C, 133F, 153, 189, 196 and 198
Cases cited: AJL20 v Commonwealth of Australia [2020] FCA 1305 Koon Wing Lau v Calwell (1949) 80 CLR 533 McHugh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2020) 385 ALR 405 Minister for Immigration and Multicultural and Indigenous Affairs v Al Masri (2003) 126 FCR 54 Murray v Director-General Health & Community Services Victoria (unreported, Supreme Court of Victoria, Eames J, 23 June 1995) Plaintiff M76/2013 v Minister for Immigration, Multicultural Affairs and Citizenship & Ors (2013) 251 CLR 322 Plaintiff S4/2014 v Minister for Immigration and Border Protection (2014) 253 CLR 219 Tran v Commonwealth of Australia [2021] FCA 580
Division: General Division
Registry: Queensland
National Practice Area: Administrative and Constitutional Law and Human Rights
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