-
1
-
-
85023088080
-
-
Recommendations as Regards Harmonisation of Reception Standards for Asylum Seekers in Geneva. UNHCR. July
-
Recommendations as Regards Harmonisation of Reception Standards for Asylum Seekers in the EU. Part A: Summary of State Practice (Geneva. UNHCR. July 2000) 31.
-
(2000)
the EU. Part A: Summary of State Practice
, pp. 31
-
-
-
3
-
-
33746086715
-
-
The European Court of Human Rights, for example, has held that where the deportation order itself is illegal because it violates national or Convention law, detention pending execution of that order is however not a breach of the right to liberty (See
-
The European Court of Human Rights, for example, has held that where the deportation order itself is illegal because it violates national or Convention law, detention pending execution of that order is however not a breach of the right to liberty (See Chahal v United Kingdom (1997) 23 EHRR 413).
-
(1997)
EHRR
, vol.23
, pp. 413
-
-
-
4
-
-
85023036528
-
-
See the opinion of Scalia J at n 63 below and
-
See the opinion of Scalia J at n 63 below and the Australian Migration Act 1958.
-
(1958)
the Australian Migration Act
-
-
-
6
-
-
85023084035
-
-
at Attorney-General for where Lord Atkinson stated: “One of the rights possessed by the supreme power in every State is the right to refuse to permit an alien to enter that State, to annex what conditions it pleases to the permission to enter it and to expel or deport from the State, at pleasure, even a friendly alien, especially if it considers his presence in the State opposed to its peace, order and good government, or to its social or material interests: Vattlel. Law of Nationals, book 1, S 231; book 2, s 125.”
-
Attorney-General for the Dominion of Canada v Cain [1906] AC 542, at 546 where Lord Atkinson stated: “One of the rights possessed by the supreme power in every State is the right to refuse to permit an alien to enter that State, to annex what conditions it pleases to the permission to enter it and to expel or deport from the State, at pleasure, even a friendly alien, especially if it considers his presence in the State opposed to its peace, order and good government, or to its social or material interests: Vattlel. Law of Nationals, book 1, S 231; book 2, s 125.”
-
(1906)
AC
, vol.542
, pp. 546
-
-
-
7
-
-
85023007997
-
-
See also at
-
See also Chahal v UK (1996) 1 BHRC 405, at 422.
-
(1996)
1 BHRC
, vol.405
, pp. 422
-
-
-
8
-
-
8844244603
-
The Limits of the Power of Expulsion in Public International Law
-
See
-
See G Goodwin-Gill ‘The Limits of the Power of Expulsion in Public International Law’ (1974–1975) 47 BY1L 55–156
-
(1974)
BY1L
, vol.47
, pp. 55-156
-
-
Goodwin-Gill, G.1
-
11
-
-
85023099107
-
-
at ‘[W]hile a state has broad discretion in exercising its right to expel aliens, its discretion is not absolute. Thus, by customary international law it must not abuse its right by acting arbitrarily in taking its decisions to expel an alien, and it must act reasonably in the manner in which it effects an expulsion.’
-
Oppenheim, International Law and the Movement of Persons between States at 941: ‘[W]hile a state has broad discretion in exercising its right to expel aliens, its discretion is not absolute. Thus, by customary international law it must not abuse its right by acting arbitrarily in taking its decisions to expel an alien, and it must act reasonably in the manner in which it effects an expulsion.’
-
International Law and the Movement of Persons between States
, pp. 941
-
-
Oppenheim1
-
13
-
-
85023078957
-
-
above n 5 at
-
Oppenheim above n 5 at 945.
-
-
-
Oppenheim1
-
15
-
-
85023070449
-
-
The right to vote is clearly a norm which is reserved for citizens (see Art
-
The right to vote is clearly a norm which is reserved for citizens (see Art 25 ICCPR).
-
ICCPR
, vol.25
-
-
-
16
-
-
0007547945
-
-
at Dordrecht Martinus Nijhoff Publishers See the discussion of the travaux preparatoires in where they understood arbitrary detention to include injustice, unpredictability, unreasonableness, capriciousness, and unproportionality
-
See the discussion of the travaux preparatoires in MJ Bossuyt Guide to the ‘Travaux Preparatories’ of the International Covenant on Civil and Political Rights (Dordrecht Martinus Nijhoff Publishers 1987) at 172 where they understood arbitrary detention to include injustice, unpredictability, unreasonableness, capriciousness, and unproportionality.
-
(1987)
Guide to the ‘Travaux Preparatories’ of the International Covenant on Civil and Political Rights
, pp. 172
-
-
Bossuyt, M.J.1
-
17
-
-
0346011587
-
-
No 794/1998 of 15 Apr See eg decision in (CCPR/C/74/D/794/1998) where the Committee ruled that detention for 3.5 months pending deportation was not unreasonable given the accepted absconding risk
-
See eg decision in Jalloh v Netherlands, Communication No 794/1998 of 15 Apr 2002 (CCPR/C/74/D/794/1998) where the Committee ruled that detention for 3.5 months pending deportation was not unreasonable given the accepted absconding risk.
-
(2002)
Communication
-
-
-
18
-
-
85023114694
-
-
This is the approach taken by E/CN.4/2000/4., 28 Dec which stipulates that the maximum period of detention should be set by law and may not be excessive
-
This is the approach taken by the UN Economic and Social Council Working Group on Arbitrary Detention in their Deliberation No 5 (E/CN.4/2000/4., 28 Dec 1999) which stipulates that the maximum period of detention should be set by law and may not be excessive.
-
(1999)
the UN Economic and Social Council Working Group on Arbitrary Detention in their Deliberation
, Issue.5
-
-
-
19
-
-
85023019024
-
-
See also which opines that detention should be avoided but may be justified, inter alia, in order to ‘determine the elements on which the claim to refugee status. is based’ and should not be ‘unduly prolonged’
-
See also UNHCR Executive Committee Conclusion No 44 (1986) which opines that detention should be avoided but may be justified, inter alia, in order to ‘determine the elements on which the claim to refugee status. is based’ and should not be ‘unduly prolonged’.
-
(1986)
-
-
-
20
-
-
84865482038
-
-
(1996) 22 EHRR 533.
-
(1996)
EHRR
, vol.22
, pp. 533
-
-
-
21
-
-
78149395810
-
-
See
-
See Guzzardi v italy (1980) 3 EHRR 333
-
(1980)
EHRR
, vol.3
, pp. 333
-
-
-
22
-
-
18844433726
-
-
in which the Court distinguished between a deprivation of liberty and a mere restriction on liberty which is now regulated by Art 2 Protocol No 4
-
Engel v Netherlands (1976) 1 EHRR 647 in which the Court distinguished between a deprivation of liberty and a mere restriction on liberty which is now regulated by Art 2 Protocol No 4.
-
(1976)
EHRR
, vol.1
, pp. 647
-
-
-
23
-
-
85022996963
-
-
at para 43
-
Amuur, at para 43.
-
Amuur
-
-
-
24
-
-
85023094036
-
-
ex parte Saadi and Others See where detention in a military barracks which allowed movement within it but not beyond it was held to be caught by An 5(1)
-
See Secretary of State for the Home Department ex parte Saadi and Others [2002] UKHL 41 where detention in a military barracks which allowed movement within it but not beyond it was held to be caught by An 5(1).
-
(2002)
UKHL
, pp. 41
-
-
-
25
-
-
85022989468
-
-
(1997) 23 EHRR 137.
-
(1997)
EHRR
, vol.23
, pp. 137
-
-
-
26
-
-
85061553163
-
-
See
-
See Winterwerp v Netherlands (1979–1980) 2 EHRR 387.
-
(1979)
EHRR
, vol.2
, pp. 387
-
-
-
27
-
-
78149396684
-
-
See
-
See Wittold litwa v poland (2001) 33 EHRR 1267.
-
(2001)
EHRR
, vol.33
, pp. 1267
-
-
-
28
-
-
85023003983
-
-
The United Kingdom House of Lords has in fact ruled that proportionality does apply to Art 5(l)(f) in a limited form. See ex parte Saadi and Others
-
The United Kingdom House of Lords has in fact ruled that proportionality does apply to Art 5(l)(f) in a limited form. See Secretary of State for the Home Department ex parte Saadi and Others [2002] UKHL 41.
-
(2002)
UKHL
, pp. 41
-
-
-
29
-
-
85023136268
-
-
The Strasbourg Court has reaffirmed its traditional stanch, see App 51564/99 5 Feb
-
The Strasbourg Court has reaffirmed its traditional stanch, see App 51564/99, Conka v Belgium, 5 Feb 2002.
-
(2002)
-
-
-
30
-
-
33846093242
-
-
At para 113. 34 See eg
-
At para 113. 34 See eg Aires v Ireland (1979) 2 EHRR 305.
-
(1979)
EHRR
, vol.2
, pp. 305
-
-
-
32
-
-
85023027794
-
-
Quinn v France (1995) 21 EHRR 529.
-
(1995)
EHRR
, vol.21
, pp. 529
-
-
-
33
-
-
85023130110
-
-
Kolompar v Belgium (1993) 16 EHRR 197.
-
(1993)
EHRR
, vol.16
, pp. 197
-
-
-
34
-
-
21344465558
-
-
at para 89. There is however some divergence amongst academics on the question of whether proportionality has a role to play throughout the Convention or whether it is largely confined to Arts 8–11. See n 32 at 5 where only qualified rights are said to give rise to questions of proportionality
-
Soering v United Kingdom (1989) 11 EHRR 439 at para 89. There is however some divergence amongst academics on the question of whether proportionality has a role to play throughout the Convention or whether it is largely confined to Arts 8–11. See n 32 at 5 where only qualified rights are said to give rise to questions of proportionality.
-
(1989)
EHRR
, vol.11
, pp. 439
-
-
-
35
-
-
0007283610
-
-
at Legal Action Group By contrast see who states that ‘the principle of proportionality is the defining characteristic of the Strasbourg approach to the protection of human rights’
-
By contrast see K Starmer European Human Rights Law (Legal Action Group 1999) at 169, who states that ‘the principle of proportionality is the defining characteristic of the Strasbourg approach to the protection of human rights’.
-
(1999)
European Human Rights Law
, pp. 169
-
-
Starmer, K.1
-
36
-
-
85023139054
-
-
Australia did not seek to derogate from Art
-
Australia did not seek to derogate from Art 9 ICCPR.
-
ICCPR
, vol.9
-
-
-
37
-
-
33845687446
-
-
See, eg
-
See, eg, Ireland v United Kingdom (1979–1980) 2 EHRR 25.
-
(1979)
EHRR
, vol.2
, pp. 25
-
-
-
38
-
-
23944505750
-
-
at para 28
-
Lawless v Ireland (1979–1980) 1 EHRR 1 at para 28.
-
(1979)
EHRR
, vol.1
, pp. 1
-
-
-
39
-
-
33845687446
-
-
Ireland v United Kingdom (1979–1980) 2 EHRR 25.
-
(1979)
EHRR
, vol.2
, pp. 25
-
-
-
42
-
-
33845687817
-
-
See
-
See Aksoy v turkey (1996) 23 EHRR 553.
-
(1996)
EHRR
, vol.23
, pp. 553
-
-
-
43
-
-
85023047693
-
-
[2003] 1 All ER 816.
-
(2003)
All ER
, vol.1
, pp. 816
-
-
-
47
-
-
19544380849
-
-
(1996) 23 EHRR 364.
-
(1996)
EHRR
, vol.23
, pp. 364
-
-
-
48
-
-
85023065020
-
-
See eg Geneva Convention Relative to the Protection of Art 42
-
See eg Geneva Convention Relative to the Protection of Civilian Persons in time of War (1949) Art 42.
-
(1949)
Civilian Persons in time of War
-
-
-
49
-
-
84883890383
-
-
In the absence of incorporation treaties may still have some legal effect in public law. In Australia for example there is authority holding that executive ratification of treaties may create a legitimate expectation in certain circumstances. Minister of State for High Ct
-
In the absence of incorporation treaties may still have some legal effect in public law. In Australia for example there is authority holding that executive ratification of treaties may create a legitimate expectation in certain circumstances. Minister of State for Immigration s v Teoh (1995) 128 ALR 353 (High Ct).
-
(1995)
ALR
, vol.128
, pp. 353
-
-
-
50
-
-
84883519840
-
Immigration and Multicultural Affairs ex parte Lam
-
This has been endorsed by the recent decision in Minister for 12 Feb 2003
-
This has been endorsed by the recent decision in Minister for Immigration and Multicultural Affairs ex parte Lam [2003] HCA 6 (12 Feb 2003).
-
(2003)
HCA
, pp. 6
-
-
-
51
-
-
0039690089
-
-
Chae Chan Ping v United States 130 US 581 (1889).
-
(1889)
US
, vol.130
, pp. 581
-
-
-
52
-
-
84879079989
-
-
See which held that the rules laid down by Congress are due process of law
-
See Nishimura Ekiu v United States 142 US 651 (1892) which held that the rules laid down by Congress are due process of law.
-
(1892)
US
, vol.142
, pp. 651
-
-
-
53
-
-
85023024441
-
The Constitutional Foundations of Immigration Law
-
See the excellent discussion in ch 9 Maththew Bender and Co
-
See the excellent discussion in ‘The Constitutional Foundations of Immigration Law’ ch 9 United States Immigration Law (Maththew Bender and Co 1997).
-
(1997)
United States Immigration Law
-
-
-
54
-
-
0347844250
-
-
See in which a ban on Chinese laundries was overturned under the Fourteenth Amendment
-
See Yick Wo v Hopkins 118 US 356 in which a ban on Chinese laundries was overturned under the Fourteenth Amendment.
-
US
, vol.118
, pp. 356
-
-
-
55
-
-
84957884425
-
-
The classes of inadmissible and criminal aliens are in fact very wide and membership does not require any particularly heinous conduct. Thus ordinary visa violators are covered. See
-
The classes of inadmissible and criminal aliens are in fact very wide and membership does not require any particularly heinous conduct. Thus ordinary visa violators are covered. See 8 USC 1182.
-
USC
, vol.8
, pp. 1182
-
-
-
56
-
-
85023087774
-
-
at See A para 4
-
See Breyer J, at III A para 4.
-
-
-
Breyer, J.1
-
57
-
-
85023065420
-
-
See the discussion at IE. This means that where a statute raises a ‘serious doubt’ as to its constitutionality this Court will first ascertain whether a construction of the statute is fairly possible by the question may be avoided’
-
See the discussion at IE. This means that where a statute raises a ‘serious doubt’ as to its constitutionality this Court will first ascertain whether a construction of the statute is fairly possible by the question may be avoided’ (Crowell v Benson 285 US 22, 62).
-
285 US
, vol.22
, pp. 62
-
-
-
58
-
-
85023110806
-
-
US.
-
US
-
-
-
59
-
-
77954969223
-
-
III A para 2. Citing allowing pre-trial detention only for the most serious crimes and subject to stringent time limits
-
III A para 2. Citing United States v Salerno 481 US 739 (allowing pre-trial detention only for the most serious crimes and subject to stringent time limits)
-
US
, vol.481
, pp. 739
-
-
-
60
-
-
85023091239
-
-
striking down insanity-related detention that placed the burden on the detainee to prove non-dangerousness
-
Foucha v Louisiana 504 US 71 (striking down insanity-related detention that placed the burden on the detainee to prove non-dangerousness).
-
US
, vol.504
, pp. 71
-
-
-
63
-
-
80051997818
-
-
Lynch v Cannatella, 810 F 2d 1363 (1987).
-
(1987)
F 2d
, vol.810
, pp. 1363
-
-
-
64
-
-
84875920965
-
-
(b)(2)(A)) In the case of asylum seekers who are otherwise inadmissible, detention is mandatory pending their establishment of a ‘credible fear’ of persecution (8 USC 1225 (b)(l)(B)(TV)
-
(8 USC 1225 (b)(2)(A)) In the case of asylum seekers who are otherwise inadmissible, detention is mandatory pending their establishment of a ‘credible fear’ of persecution (8 USC 1225 (b)(l)(B)(TV).
-
USC
, vol.8
, pp. 1225
-
-
-
65
-
-
84894757327
-
-
See the earlier litigation conducted on behalf of immigrants detained at Guantanamo Bay in 11th Cir
-
See the earlier litigation conducted on behalf of immigrants detained at Guantanamo Bay in Cuban American Bar Association, Inc v Christopher, 43 F 3d 1412 (11th Cir 1995).
-
(1995)
F 3d
, vol.43
, pp. 1412
-
-
-
66
-
-
15744388794
-
-
The recent Supreme Court decision on the status of detainees at Guantanamo Bay did not consider the decision in Mezei. See The implication may be that prolonged detention does merit a procedurally fair hearing
-
The recent Supreme Court decision on the status of detainees at Guantanamo Bay did not consider the decision in Mezei. See Rasul v Bush 321 F 3d 1134. The implication may be that prolonged detention does merit a procedurally fair hearing.
-
F 3d
, vol.321
, pp. 1134
-
-
-
67
-
-
85023038517
-
-
9th Cir (en banc) holding that indefinite detention of excludable Cubans was constitutional
-
Barrera-Echavarria v Rison, 44 F 3d 1441 (9th Cir. 1995) (en banc) holding that indefinite detention of excludable Cubans was constitutional.
-
(1995)
F 3d
, vol.44
, pp. 1441
-
-
-
68
-
-
30744458239
-
-
Fernandez v Wilkinson 505 F Supp 787 (1980).
-
(1980)
F Supp
, vol.505
, pp. 787
-
-
-
69
-
-
85023052456
-
-
United States Court of Appeals (Sixth Circuit) decision in
-
United States Court of Appeals (Sixth Circuit) decision in Rosales-Garcia v Holland, No 99–5683 (2003).
-
(2003)
-
-
-
70
-
-
85023050249
-
-
Fernandez-Roque v Smith 567 F Supp 1115 (1983).
-
(1983)
F Supp
, vol.567
, pp. 1115
-
-
-
71
-
-
85023153796
-
-
The Court rejected the distinction between formal entry and parole, holding that the latter was part of the admissions process itself and thus could not be isolated as a discrete issue justifying constitutional protection
-
Fernandez-Roque v Smith 734 F 2d 576 (1984). The Court rejected the distinction between formal entry and parole, holding that the latter was part of the admissions process itself and thus could not be isolated as a discrete issue justifying constitutional protection.
-
(1984)
F 2d
, vol.734
, pp. 576
-
-
-
75
-
-
85023055208
-
-
3rd edn London Butterworths See at
-
See FAR Benion Statutory Interpretation (3rd edn London Butterworths 1997) at 645–648.
-
(1997)
FAR Benion Statutory Interpretation
, pp. 645-648
-
-
-
76
-
-
85023103693
-
-
Liversidge v Anderson [1942] AC 206
-
(1942)
AC
, pp. 206
-
-
-
77
-
-
85022795676
-
-
is viewed as an aberration and was criticized in the later House of Lords decision in
-
is viewed as an aberration and was criticized in the later House of Lords decision in Khawaja v Secretary of State for the Home Department [1983] 1 All ER 765.
-
(1983)
All ER
, vol.1
, pp. 765
-
-
-
78
-
-
85023110646
-
-
at
-
Khawja at 790.
-
-
-
Khawja1
-
79
-
-
85023069439
-
-
at
-
All ER at 782.
-
All ER
, pp. 782
-
-
-
80
-
-
85023023453
-
-
Revised Jan Immigration Service Instructions to Staff on Detention in the Operation Enforcement Manual, 21 Dec 2000. See also Immigration Appellate Authority
-
Immigration Service Instructions to Staff on Detention in the Operation Enforcement Manual, 21 Dec 2000. See also Guidance Notes for Adjudicators from the Chief Adjudicator. (Revised Jan 2002) (Immigration Appellate Authority).
-
(2002)
Guidance Notes for Adjudicators from the Chief Adjudicator
-
-
-
81
-
-
85023156704
-
-
[1984] WLR 704.
-
(1984)
WLR
, pp. 704
-
-
-
82
-
-
85023041212
-
-
[1997] AC 97.
-
(1997)
AC
, pp. 97
-
-
-
83
-
-
33845891193
-
-
Interestingly the United Kingdom has recently given implicit legislative recognition to the principles. See s 67 which implicitly acknowledges that detention may not continue where the principles are not satisfied
-
Interestingly the United Kingdom has recently given implicit legislative recognition to the principles. See s 67 Nationality, Immigration and Asylum Act 2002, which implicitly acknowledges that detention may not continue where the principles are not satisfied.
-
(2002)
Nationality, Immigration and Asylum Act
-
-
-
84
-
-
85023088863
-
-
See above n 85 at
-
See Benion, above n 85 at 892–893.
-
-
-
Benion1
-
85
-
-
85023117098
-
-
ch 329
-
Grice v Dudley Corpn [1958] ch 329.
-
(1958)
-
-
-
86
-
-
85023003025
-
-
ex parte Pierson
-
R v Secretary of State for the Home Department ex parte Pierson [1998] AC 539
-
(1998)
AC
, pp. 539
-
-
-
87
-
-
77957666437
-
-
ex parte Simms and Another
-
R v Secretary of State for the Home Department ex parte Simms and Another [1999] 3 WLR 328.
-
(1999)
WLR
, vol.3
, pp. 328
-
-
-
88
-
-
85023115939
-
-
at Regarding the presumption favouring liberty. Lord Brown-Wilkinson (at 268b) said ‘[s]uch an approach is equally applicable to everyone within the jurisdiction of the court, whether or not he is a citizen of the country (see per Lord Scarman
-
Regarding the presumption favouring liberty. Lord Brown-Wilkinson (at 268b) said ‘[s]uch an approach is equally applicable to everyone within the jurisdiction of the court, whether or not he is a citizen of the country (see [1983] 1 All ER 765 at 782 … per Lord Scarman).’
-
(1983)
1 All ER
, vol.765
, pp. 782
-
-
-
89
-
-
85023015753
-
-
ex parte I
-
R v Secretary of State for the Home Department ex parte I [2002] EWCA Civ 888.
-
(2002)
EWCA Civ
, pp. 888
-
-
-
90
-
-
85007975670
-
-
at para 54
-
EWCA Civ at para 54.
-
EWCA Civ
-
-
-
91
-
-
84899431939
-
-
Para 16(1) Schedule 2
-
Para 16(1) Schedule 2 Immigration Act 1971.
-
(1971)
Immigration Act
-
-
-
93
-
-
14344274212
-
-
There have been a long series of amending acts to
-
There have been a long series of amending acts to the Migration Act 1958.
-
(1958)
the Migration Act
-
-
-
95
-
-
85023028665
-
-
Division 6, Reason for division. For further explanation of Parliament's rationale see Parliament of the Commonwealth of Australia, Feb
-
Division 6, Reason for division. For further explanation of Parliament's rationale see Asylum, Border Control and Detention, Report by the Joint Standing Committee on Migration (Parliament of the Commonwealth of Australia, Feb 1994)
-
(1994)
Border Control and Detention, Report by the Joint Standing Committee on Migration
-
-
Asylum1
-
96
-
-
53149096120
-
-
FC 92/051
-
[1992] 176 CLR 1 FC 92/051.
-
(1992)
CLR
, vol.176
, pp. 1
-
-
-
97
-
-
0040205745
-
-
17th edn London Per Brennan. Deane and Dawson JJ, at paras 22–5 citing Bk 1, paras 136–7
-
Per Brennan. Deane and Dawson JJ, at paras 22–5 citing Blackstone Commentaries (17th edn London 1830), Bk 1, paras 136–7
-
(1830)
Commentaries
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Blackstone1
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98
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0003458347
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10th edn Loudon Macmillan Dicey Introduction to at
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Dicey Introduction to the Study of the Law of the Constitution (10th edn Loudon Macmillan 1959) at 202.
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(1959)
the Study of the Law of the Constitution
, pp. 202
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100
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84874096617
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at para 34: “In the context of that power of a designated person to bring his or her detention in custody under Div. 4B to an end at any time, the time limitations imposed by other provisions of the Division suffice, in our view, to preclude a conclusion that the power of detention which are conferred upon the Executive exceed what is reasonably capable of being seen as necessary the for purposes of deportation or for the making and consideration an entry application’
-
the Law of the Constitution at para 34: “In the context of that power of a designated person to bring his or her detention in custody under Div. 4B to an end at any time, the time limitations imposed by other provisions of the Division suffice, in our view, to preclude a conclusion that the power of detention which are conferred upon the Executive exceed what is reasonably capable of being seen as necessary the for purposes of deportation or for the making and consideration an entry application’
-
the Law of the Constitution
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101
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85023115533
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judgment of 9 Dec Black CJ, Sundberg and Weinberg JJ
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New South Wales Registry N726 of 2002, judgment of 9 Dec 2002 Black CJ, Sundberg and Weinberg JJ.
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(2002)
New South Wales Registry N726 of 2002
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102
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85023036292
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See s 253 which gives factors justifying detention in the event of a deportation order
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See s 253 Migration Act 1953 which gives factors justifying detention in the event of a deportation order.
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(1953)
Migration Act
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103
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85023017720
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See 24 Jan 2003
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See Daniel v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 20 (24 Jan 2003)
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(2003)
FCA
, vol.20
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104
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85023147630
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30 Jan 2003
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SHFB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 29 (30 Jan 2003)
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(2003)
FCA
, pp. 29
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105
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85023140586
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23 Dec 2002
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WAIS v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1625 (23 Dec 2002).
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(2002)
FCA
, pp. 1625
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106
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85023020632
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15 Aug 2002
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Al Mash v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1009 (15 Aug 2002).
-
(2002)
FCA
, pp. 1009
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107
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85023133002
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19 Oct
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IMM-3730–94,19 Oct 1994.
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(1994)
IMM-3730–94
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108
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85023133986
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decision of 30 June For a case analysing the proper test to apply in public safety cases see in which the Federal Court (MacKay J) ruled that adjudicators must establish that there is a probability’ of danger to the public and not merely a possibility’
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For a case analysing the proper test to apply in public safety cases see Salilar v Minister of Citizenship and Immigration IMM-1429–95 (decision of 30 June 1995) in which the Federal Court (MacKay J) ruled that adjudicators must establish that there is a probability’ of danger to the public and not merely a possibility’.
-
(1995)
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-
-
109
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85023118328
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See S Oct 2002 where release was ordered when a detainee arguably fell outside the detention power
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See VHAF v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1243 (S Oct 2002 where release was ordered when a detainee arguably fell outside the detention power).
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(2002)
FCA
, pp. 1243
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-
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110
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85023130806
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at See the discussion set in per Brooke LJ
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See the discussion set in the United Kingdom Court of Appeal case A v Secretary of State for the Home Department [2003] 1 A11 ER at 849–53 (per Brooke LJ).
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(2003)
A11 ER
, vol.1
, pp. 849-853
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111
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85023080712
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See Goodwin-Gill above n 6. See, eg, the case-law of the European Court of Justice in relation to Article 39(3) of the EC Treaty. Case C-67/74
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See Goodwin-Gill above n 6. See, eg, the case-law of the European Court of Justice in relation to Article 39(3) of the EC Treaty. Case C-67/74 Bonsignore [1975] ECR 297.
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(1975)
ECR
, pp. 297
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Bonsignore1
|