Ruddock v Taylor [2005] HCA 48

HIGH COURT OF AUSTRALIA

GLEESON CJ,

McHUGH, GUMMOW, KIRBY, HAYNE, CALLINAN AND HEYDON JJ

PHILIP RUDDOCK & ORS APPELLANTS

AND

GRAHAM ERNEST TAYLOR RESPONDENT

Ruddock v Taylor [2005] HCA 48

8 September 2005

S421/2004

ORDER

1. Appeal allowed.

2. Set aside paragraph 1 of the orders of the Court of Appeal of the Supreme Court of New South Wales made on 18 September 2003 to the extent to which it dismissed the appeal to that Court and in its place order that:

(a) the appeal to that Court is allowed;

(b) set aside paragraphs 1 and 3 of the orders of the District Court of New South Wales made on 18 December 2002 and in their place order that there be judgment for the defendants.

3. Appellants to pay the costs of the respondent of the appeal to this Court.

On appeal from the Supreme Court of New South Wales

Representation:

D M J Bennett QC, Solicitor-General of the Commonwealth with G T Johnson for the appellants (instructed by Australian Government Solicitor)

C J Birch SC with D P M Ash for the respondent (instructed by Teakle Ormsby Conn Lawyers)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Ruddock v Taylor

Statutes – Acts of Parliament – Statutory powers and duties – Power to detain – Respondent's permanent transitional visa twice cancelled unlawfully – Respondent twice detained in immigration detention – Whether detention lawful under s 189(1) of the Migration Act 1958 (Cth) ("the Act") – Whether officers of the Commonwealth knew or reasonably suspected that the respondent was an unlawful non-citizen – Whether a reasonable suspicion may rest upon a mistake of law – Whether s 189(1) of the Act confers protection against mistakes concerning reach of Commonwealth power.

False imprisonment – Unlawful cancellation of respondent's visa – Whether respondent's subsequent detention unlawful – Whether s 189(1) of the Act provides a defence to a claim for wrongful imprisonment.