544:
made what was referred to as "the 'never say never' proposition", that although securing a person's removal or deportation from
Australia may be difficult, and "often it takes years of diplomatic negotiation before a country is prepared to accept someone... it is very hard to imagine a case where the purpose of removal or deportation is one that can never occur." Although the respondents did not challenge the finding of fact in the Federal Court that there was no real possibility of Al-Kateb's removal in the foreseeable future, they argued that the test applied to reach that decision "fails to take into account... the difficulties and the fact that things can change."
1018:
27:
992:, Justice McHugh reiterated his view of the case as a tragic situation and said that it was necessary for "the informed and impassioned" to seek reforms to legislation to protect individual rights since the absence of a bill of rights limited the ability of the courts to protect rights. McHugh said that cases in countries such as the United Kingdom, in which courts had found that indefinite administrative detention was not lawful, were based on bills of rights or other instruments, such as the
71:
726:
language". He concluded that the provisions requiring that unlawful non-citizens be detained were ambiguous in that in a situation such as Al-Kateb's, where it became impossible to fulfil the purpose for which he was detained, the law was not clear as to whether the result is that the detention should be suspended until the purpose becomes possible again, or that the detention should continue indefinitely. The Act did not deal with a situation like Al-Kateb's. Gleeson said:
446:
and although the judge found that "removal from
Australia is not reasonably practicable at the present time as there is no real likelihood or prospect of removal in the reasonably foreseeable future", his application was dismissed. However, a case with substantially identical facts, decided twelve days later by a Full Court of the Federal Court, resulted in the release of another detainee, Akram Al Masri.
849:), and emphasised that at no time had anyone questioned that detention for protective purposes, as opposed to punitive purposes, would conflict with Chapter III. He concluded that although the situation at hand was "tragic", the courts were not at liberty to question the propriety of decisions made by the Parliament of Australia on moral or human rights grounds, given the absence of a
962:. Arthur Glass observed that the minority judges began their judgments from the position that indefinite non-judicial detention and the curtailment of personal freedom were troubling consequences, and he noted that "as is not uncommon in statutory construction, where you start from is critical to where you end up". Marr accused the majority of deciding that "saving Australia from
981:, and Al-Kateb remained entirely dependent on donations from friends and supporters to survive. Al-Kateb said of his situation, "We just walking in a big detention. And we are all the time worried that they will send us back to detention again... It's like a death punishment." He was granted a permanent visa in October 2007 by immigration minister
1111:(that non-punitive detention is constitutionally permissible if it is "reasonably capable of being seen as necessary"), the test was not in fact used by the majority in this case to conclude that the detention here was permissible. He also pointed out that in later cases, only Justice Kirby seemed to uphold the 'vibe' of the
973:, who agreed to review the cases of twenty-four stateless people in immigration detention and ultimately granted bridging visas to nine people including Al-Kateb, allowing them to be released into the community. However, the conditions of the bridging visas did not permit holders to work, study, obtain
764:
did not contravene
Chapter III because, fundamentally, it was not punitive. The Act did not make being in Australia without a visa an offence (although it had been in the past), and in reality he considered the mandatory detention scheme to be not that different from a system in which all people were
518:
One possible interpretation of these provisions is that unlawful non-citizens should be kept in detention for as long as necessary to remove them, and that if removing them never became practicable, that they would be detained until death. In contrast, Al-Kateb argued that the provisions only allowed
445:
which required that Al-Kateb, because his application for a visa had been rejected, be removed from the country "as soon as reasonably practicable". However, those applications were dismissed. Al-Kateb then sought writs of habeas corpus and mandamus on the basis that he was being unlawfully detained,
329:
The controversy surrounding the outcome of the case resulted in a review of the circumstances of twenty-four stateless people in immigration detention. Al-Kateb and 8 other stateless people were granted bridging visas in 2005 and while this meant they were released from detention, they were unable to
917:
As a result of the decision, Al-Kateb had to return to immigration detention. Claire O'Connor, Al-Kateb's lawyer, said, "The effect of this decision is that will be locked up until a state of
Palestine is created or some other Middle Eastern state is willing to have him. It's taken 51 years so far.
888:
Referring to the cases in which the High Court had upheld the wartime legislation allowing indefinite administrative detention, Kirby said that equivalent decisions in other countries had come to be regarded as embarrassing and incorrect, and should be likewise regarded in
Australia. While conceding
876:, we also should reject Executive assertions of self-defining and self-fulfilling powers. We should deny such interpretations to federal law, including the Act... This Court should be no less defensive of personal liberty in Australia than the courts of the United States, the United Kingdom and the
756:
The second issue was whether indefinite detention for migration purposes infringed on
Chapter III of the Australian Constitution. While every judge discussed this issue, only three judges, Justices McHugh, Hayne and Heydon, found it necessary to make a final decision on the issue. They all reached
530:
were based on the United
Nations Convention Relating to the Status of Refugees, both of which overlooked the situation of stateless persons. Several exchanges during the hearings illustrated the way in which the usual processes of the immigration system were not adapted well, if at all, to dealing
543:
The respondents argued that the provisions required that unlawful non-citizens be detained until their removal, and that the purpose of removal, on which the detention was founded, did not cease to exist just because it was not practicable in the foreseeable future to carry out that purpose. They
730:
In making that choice I am influenced by the general principle of interpretation stated above. I am also influenced by the consideration that the detention in question is mandatory, not discretionary. In a case of uncertainty, I would find it easier to discern a legislative intention to confer a
614:
Detention in custody in circumstances not involving some breach of the criminal law and not coming within well-accepted categories of the kind to which
Brennan, Deane and Dawson JJ refer is offensive to ordinary notions of what is involved in a just society. But I am not presently persuaded that
576:
extended as far as to allow the indefinite detention of people like him, then it would have gone beyond those valid purposes and would infringe
Chapter III. That is, non-judicial detention is permitted for the purposes of facilitating the removal of unlawful non-citizens, and if the prospects of
781:
In dissent, Justice Gummow recognised that "the focusing of attention on whether detention is 'penal or punitive in character' is apt to mislead", and emphasised the purpose of detention as the fundamental criterion by which non-judicial detention was allowed in previous cases. He said that "it
725:
Chief
Justice Gleeson, in dissent, said that in interpreting legislation, the courts "do not impute to the legislature an intention to abrogate or curtail certain human rights or freedoms (of which personal liberty is the most basic) unless such an intention is clearly manifested by unambiguous
721:
Justice McHugh stated simply that the language of the sections was not ambiguous, and clearly required the indefinite detention of Al-Kateb. He said that the requirement that people be removed "as soon as reasonably practicable" was directed at limiting the duration of detention to as little as
539:
said that "there often is a very good reason... because people suffer great risks if their name goes on the Internet that that will become known to the country that they want to avoid," to which Al-Kateb's lawyer replied, "That is correct, but, of course, with Mr Al-Kateb there is no country."
1106:
Several commentators have expressed the view that the decision has produced confusion and uncertainty with respect to constitutional restrictions on executive power in this area. Matthew Zagor noted that while the three minority Justices in this case and Justice Callinan in another case have
772:
A law requiring the detention of the alien takes its character from the purpose of the detention. As long as the purpose of the detention is to make the alien available for deportation or to prevent the alien from entering Australia or the Australian community, the detention is non-punitive.
1003:
said that the issue of whether or not Australia should have a bill of rights was a purely political one and not a matter for the courts. Gleeson said that while he had personal political views on the matter, "It doesn't serve the community for a serving Chief Justice to enter that arena."
449:
Finally, Al-Kateb appealed the decision against him to a Full Court of the Federal Court, hoping that the reasoning applied in the Al Masri case (which was factually similar to his situation) would be applied to him. The appeal was removed into the High Court at the request of the then
514:
provides that unlawful non-citizens can only be released from immigration detention if they are granted a visa, deported, or removed from Australia. Section 198(6) of the Act requires immigration officials to "remove as soon as reasonably practicable an unlawful non-citizen".
627:. For this reason and others, they argued that the power to detain people for the purposes of criminal trial and punishment (as opposed to detention generally) was clearly a judicial function, but there is no general rule and other powers to detain may not offend Chapter III.
586:
1102:
countries. Curtin argues that the attitude to international jurisprudence, which included decisions of the Supreme Court of the United States and of the House of Lords, demonstrates an "insular disregard for the principles of international law" on the court's part.
921:
The decision sparked much controversy about the scope of the mandatory detention laws. Along with the two other immigration detention decisions handed down on that day, the case prompted several political leaders, including the Federal President of the
892:
Finally, Kirby also suggested that there was much scope for expanding the reach of the limitations on legislative and executive power imposed by Chapter III, and drawing on another paper by McHugh, argued that this ought to extend to the protection of
577:
removal are remote or impracticable for the reasonably foreseeable future, then the detention can no longer be considered to be for the purpose of removal. Al-Kateb's argument in this respect relied on a decision of the Federal Court in another case,
224:
The detention of non-citizens by the Executive pursuant to ss 189, 196 and 198 did not contravene Ch III of the Commonwealth Constitution, even if the removal of the non-citizen from Australia was not reasonably practicable in the foreseeable future.
889:
that the scope of the Parliament's powers with respect to defence will be greater in wartime than in peacetime, Kirby said that they could not extend so far as to displace fundamental constitutional requirements such as those in Chapter III.
1123:
attempting to separate the character of detention from its consequences (suggesting that detention that is punitive in effect may not necessarily also be punitive in character). Finally, Zagor argues that of the Justices who questioned the
777:
McHugh suggested that detention for a non-punitive purpose could still offend Chapter III if it prevented a court "from determining some matter that is a condition precedent to authorising detention." However, that was not the case here.
2086:
953:
described the 4–3 decision as indicating a new division in the composition of the court, the "liberty divide", and noted that the result on the liberty question moved the court in the opposite direction to the contemporary trends of the
717:...even if, as in this case, it is found that 'there is no real likelihood or prospect of removal in the reasonably foreseeable future', that does not mean that continued detention is not for the purpose of subsequent removal.
1070:
Matthew Zagor suggested that there are various assumptions about the constitutional relationship between the branches of government implicit in those two different approaches. He argues that the majority, particularly Justice
996:, and lamented that without such instruments, Australian courts are "not empowered to be as active as the Supreme Court of the United States or the House of Lords in the defence of the fundamental principles of human rights".
748:, rather "it may be the case that detention for the purpose of preventing aliens from entering the general community, working, or otherwise enjoying the benefits that Australian citizens enjoy is constitutionally acceptable."
913:, published the day after the case was decided, is representative of the shock with which many commentators greeted the decision, and illustrates the way in which the court itself was criticised as much as the decision was.
519:
unlawful non-citizens to be detained while removal was a practical possibility, and that if removal was not a practical possibility, then they should be released from detention, at least while it remained impractical.
571:
In this situation, the court had decided in previous cases that immigration detention, for the purposes of processing and removal, did not infringe on Chapter III. Al-Kateb argued that if indeed the provisions of the
1067:, resulted in a dangerous situation in this case because the Act did not specifically address the situation of stateless persons, and the literal approach did not allow for gaps in the legislation to be filled.
745:
813:
Justice McHugh drew analogies between the legislation at issue in the case, and previous legislation which had authorised indefinite administrative detention, such as the arrangements under the
615:
legislation authorizing detention in circumstances involving no breach of the criminal law and travelling beyond presently accepted categories is necessarily and inevitably offensive to Ch.III.
502:
allow a person to be detained even if they have no prospect of being removed from Australia, and if they did, whether those provisions were then lawful under the Constitution of Australia.
467:
consent order of the Federal Court. The case was argued alongside two other cases which also concerned immigration detention and hearings were held on 12 November and 13 November 2003.
782:
cannot be for the executive government to determine the placing from time to time of that boundary line which marks off a category of deprivation of liberty from the reach of Ch III."
307:. In 2002, Al-Kateb declared that he wished to return to Kuwait or Gaza. However, since no country would accept Al-Kateb, he was declared stateless and detained under the policy of
535:, names are usually suppressed in order to prevent persecution should they return to their country of origin). After some debate about whether to suppress Al-Kateb's name, Justice
1275:
906:
856:
Justice Kirby retorted that "'Tragic' outcomes are best repaired before they become a settled rule of the Constitution." He also drew a historical analogy, referring to the 1951
552:
The issue of whether the Act was constitutionally valid revolved around the fact that immigration detention is a form of administrative detention, or detention imposed by the
531:
with stateless people. In one such exchange, O'Connor referred to Al-Kateb both by his name and by the identifier used on the formal documents, "SHDB" (in matters concerning
215:, authorises unlawful non-citizens to be detained until they are removed from Australia, even when there is no prospect of their removal in the reasonably foreseeable future
2096:
1708:
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that the supposedly-legalistic conclusion reached by the majority is at odds with a prior High Court decision, led by Australia's most prominent legalist, Chief Justice
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because for them, "the key principle at play is simple: the Court should not frustrate Parliament's purpose or obstruct the executive". Zagor also comments on the
709:
He said that because the removal or deportation of people always involves some degree of uncertainty, then the interpretation of the relevant provisions in the
391:
1723:
744:. He said that detention of non-citizens for the purposes of deportation may not be the only form of detention that would be within the federal parliament's
498:
The question in the case was whether Al-Kateb's continued detention was lawful. That question involved several issues, namely whether the provisions of the
367:
at birth, and was thus considered a stateless person. Al-Kateb left his country of birth after Kuwaiti authorities pressured nearly 200,000 Palestinians to
2502:
697:...the most that could ever be said in a particular case where it is not now, and has not been, reasonably practicable to effect removal, is that there is
300:
1963:
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722:
necessary, but it did "not mean that the detention... is limited to a maximum period expiring when it is impracticable to remove or deport the person."
1337:
845:
2091:
602:, and although in later cases that central concept was generally agreed with, their list of exceptions was not. The respondents focused on Justice
2122:
347:
Ahmed Al-Kateb was born in Kuwait in 1976, the son of Palestinian parents. Kuwait's Nationality Law is based on the citizenship of the parents,
2270:
735:
Accordingly, he found that a proper construction of the provisions of the Act would not permit Al-Kateb's detention to continue indefinitely.
522:
Much of the argument for Al-Kateb centred on the fact that he was a stateless man. Kateb's lawyer, O'Connor, noted that the provisions in the
398:
and the Federal Court of Australia. In June 2002, Al-Kateb stated that he wished to voluntarily leave Australia and be sent to Kuwait or to
1766:
487:
790:
In addition to the substantive issues in the case, there was also more general historical and theoretical issues involved. During Justice
2060:
1958:
1499:
1283:
1063:
Christopher Richter suggested that the majority's legalistic approach, while yielding a workable construction of the provisions of the
557:
1671:
1253:
581:, in which a Full Court of the Federal Court found that a person in a very similar situation to Al-Kateb was entitled to be released.
1921:
857:
368:
486:. The first named respondent, Philippa Godwin, was Deputy Secretary of DIMIA. Al-Kateb was represented by Claire O'Connor, from the
959:
877:
568:
purposes. Courts in Australia have also held that, generally, detention of non-citizens for immigration purposes is also valid.
2507:
2127:
1094:
Some commentators, such as Juliet Curtin, have noted that both the majority and minority judgments, except for that of Justice
556:
of government. Detention generally is considered to be a judicial function, which can be exercised only by courts, pursuant to
2275:
322:) permitted a person in Al-Kateb's situation to be detained indefinitely, and if so, whether this was permissible under the
2163:
843:. McHugh noted that those arrangements had been challenged, and upheld, in the High Court (for example in the 1915 case of
590:. The concept of detention as an exclusively judicial function was clearly articulated by only three judges out of seven,
326:. A majority of the court decided that the Act did allow indefinite detention, and that the Act was not unconstitutional.
2517:
2352:
2249:
2147:
993:
2132:
2106:
2101:
2029:
1953:
1930:
1091:, who implied a temporal limit onto World War II-era legislation, which also included a scheme of executive detention.
955:
510:
Since Al-Kateb's application for a visa was rejected, he was classified as an unlawful non-citizen. Section 196 of the
2522:
2481:
1655:
1098:, focused almost exclusively on Australian law and did not consider either international law or decisions from other
560:. However, there are certain exceptions which allow non-judicial detention, such as detention in order to effect an
2476:
2466:
2183:
1973:
308:
1734:
2512:
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1804:
335:
258:
1839:
479:
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In academic circles, the case is generally seen as an example of the court taking two different approaches to
2527:
2239:
2224:
1978:
1914:
1053:
799:
451:
41:
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The respondents in the case were all members of the Government of Australia, including two officials in the
865:
330:
work, study or obtain various government benefits. Al-Kateb was granted a permanent visa in October 2007.
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1428:
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no country which will receive a particular non-citizen whom Australia seeks to remove, and it cannot
483:
323:
296:
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1968:
1907:
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1690:
1624:
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Justice Hayne delivered the leading judgment for the majority. On the question of whether the
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The respondents focused on the case in which this system of exceptions was first articulated,
2219:
2137:
2087:
Behrooz v Secretary of the Department of Immigration and Multicultural and Indigenous Affairs
1809:
1615:
1473:
1424:
1142:
1095:
795:
671:
620:
536:
183:
1828:
Zagor, Matthew (2006). "Uncertainty and exclusion: detention of aliens and the High Court".
1404:
1338:"Indefinite immigration detention ruled unlawful in landmark Australian high court decision"
731:
power of indefinite administrative detention if the power were coupled with a discretion...
156:
1880:
1675:
1620:
1594:
1384:
1230:
989:
978:
931:
553:
276:
148:
109:
1572:
Behrooz & Ors v Secretary DIMIA & Ors, SHDB v Godwin & Ors, MIMIA v Al Khafaji
1553:
Behrooz & Ors v Secretary DIMIA & Ors, SHDB v Godwin & Ors, MIMIA v Al Khafaji
44:. Please help update this article to reflect recent events or newly available information.
8:
1948:
1934:
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have been, all of which have withheld from the Executive a power of unlimited detention.
836:
394:
obliged Australia to protect him. His application was rejected, a decision upheld by the
1031:
Please help update this article to reflect recent events or newly available information.
897:
rights as implicit constitutional rights, in the absence of an explicit bill of rights.
713:
could not proceed on the assumption that removal is always possible. He concluded that:
639:
did permit indefinite detention. Each judge delivered a separate judgment with Justices
303:'s decision to refuse the application was upheld by the Refugee Review Tribunal and the
2403:
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2081:
2045:
1859:
1830:
1250:
Human Rights and Equal Opportunity Commissions Legal Bulletin. Aug-Oct 2004, Volume 10
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2009:
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Justice McHugh also emphasised that immigration detention was not punitive, saying:
2393:
2306:
2291:
2014:
2004:
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1057:
943:
939:
656:
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The ultimate decision, reached by a majority of four judges to three, was that the
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371:. In December 2000, Al-Kateb, travelling by boat, arrived in Australia without a
2378:
2193:
1257:
974:
970:
935:
927:
475:
386:
In January 2001, Al-Kateb applied for a protection visa, on the grounds that the
372:
1421:
Minister for Immigration & Multicultural & Indigenous Affairs v Al Masri
2450:
2445:
2419:
2301:
1120:
1116:
1000:
868:. After noting McHugh's recent praise of the decision in a speech, Kirby said:
861:
850:
667:
663:
591:
387:
179:
171:
38:. The reason given is: NZYQ v Minister for Immigration overturns this decision.
2496:
2168:
1994:
1855:
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Chu Kheng Lim v Minister for Immigration, Local Government and Ethnic Affairs
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1349:
1128:
test, none were able to provide a coherent alternative to substitute for it.
1076:
872:
We should be no less vigilant than our predecessors were. As they did in the
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allowed people in Al-Kateb's situation to be detained indefinitely, he said:
644:
595:
587:
Chu Kheng Lim v Minister for Immigration, Local Government and Ethnic Affairs
532:
464:
434:
349:
187:
579:
Minister for Immigration and Multicultural and Indigenous Affairs v Al Masri
353:, (Article 2) and does not provide for citizenship based on place of birth,
70:
2440:
2435:
2398:
2337:
2203:
1802:
Priest, Marcus (3 March 2006). "A man for consensus but not at all costs".
1072:
946:, said that the case demonstrated "the need for empathy in public policy".
910:
840:
807:
652:
648:
603:
599:
284:
195:
191:
938:, to call for an Australian bill of rights. The executive director of the
2311:
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2024:
1709:"Liberty is left in shaky hands when the High Court no longer defends it"
1137:
963:
894:
832:
364:
1847:
1381:
SHDB v Minister for Immigration and Multicultural and Indigenous Affairs
145:
SHDB v Minister for Immigration and Multicultural and Indigenous Affairs
1099:
1088:
824:
820:
565:
379:, and was taken into immigration detention under the provisions of the
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Aboriginal children who were forcibly removed from their parents' care
441:, demanding that immigration officials comply with section 198 of the
2244:
969:
The controversy resulted in pressure on the new Immigration Minister
881:
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in that process. In this case, the two judges continued that debate.
619:
The respondents also noted that Gaudron made similar comments in the
399:
292:
1674:. Australian Broadcasting Corporation. 6 August 2004. Archived from
905:
2471:
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However, the case also aroused controversy about the court itself.
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the same conclusion, that the detention scheme was constitutional.
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376:
355:
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1821:
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The two main issues considered by the High Court were whether the
2342:
1999:
1929:
1877:
Re Woolley; Ex parte Applicants M276/2003 by their next friend GS
1645:
623:, which also considered non-judicial detention in the context of
527:
463:. Pending the appeal, Al-Kateb was released in April 2003, by an
2347:
2229:
1816:
561:
472:
Department of Immigration, Multicultural and Indigenous Affairs
423:
411:
288:
738:
Justice Callinan, also discussed the purpose of detention, in
363:(Article 3). For this reason Al-Kateb did not acquire Kuwaiti
2178:
2097:
Plaintiff M70/2011 v Minister for Immigration and Citizenship
1648:
Australian Constitutional Law and Theory: Cases and Materials
1084:
765:
prevented from entering Australia without permission at all.
415:
407:
238:
should not be interpreted by reference to international law
430:
681:
should not be interpreted to permit indefinite detention.
2173:
760:
Justice Hayne concluded that the detention scheme in the
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Convention Relating to the Status of Stateless Persons
1056:
approach of the majority judges contrasting with the
1664:
1964:
List of Australian immigration detention facilities
1757:
1755:
1567:
1565:
1269:
1267:
1265:
1767:"The Need for Agitators - the Risk of Stagnation"
1107:expressed their support for the existing test in
283:was lawful. The case concerned Ahmed Al-Kateb, a
240:(per Hayne & Callinan JJ; Kirby J dissenting)
2494:
2092:Minister for Immigration and Citizenship v SZMDS
1752:
1586:
1584:
785:
2123:Department of Immigration and Border Protection
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429:Al-Kateb then applied to the Federal Court for
2271:Minister for Immigration and Border Protection
1650:(4th ed.). Sydney: The Federation Press.
999:In response to McHugh's speech, Chief Justice
966:counts for more than Al-Kateb's raw liberty".
860:where the High Court rejected attempts by the
1915:
1840:Australian National University Faculty of Law
1721:
1682:
1581:
1434:
217:(per McHugh, Hayne, Callinan & Heydon JJ)
1646:Blackshield, Tony; Williams, George (2006).
1450:
1273:
1154:
794:'s final years on the court, he and Justice
488:Legal Services Commission of South Australia
16:2004 decision of the High Court of Australia
2503:Rights in the Australian Constitution cases
2061:Protocol Relating to the Status of Refugees
1959:Australian immigration detention facilities
1795:
1702:
1700:
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988:In a 2005 speech to the Law Society of the
823:made under that and other acts allowed the
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422:(which would have required the approval of
227:(per McHugh, Hayne, Callinan and Heydon JJ)
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1774:Sydney University Law Society Public Forum
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558:Chapter III of the Australian Constitution
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474:, and the then Minister for Immigration,
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1414:
1374:
1276:"When detention becomes a life sentence"
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275:, which ruled on 6 August 2004 that the
40:Relevant discussion may be found on the
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333:In 2023, a subsequent High Court case,
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1174:
2164:Australasian Correctional Management
1731:Gilbert + Tobin Centre of Public Law
1706:
1689:Henderson, Gerard (17 August 2004).
1335:
1309:
1244:
1011:
1007:
977:benefits or receive healthcare from
705:be predicted when that will happen.
20:
2353:2010 Christmas Island boat disaster
2250:United Nations Human Rights Council
2148:Maritime Border Command (Australia)
1672:"Asylum seeker returned to custody"
1502:from the original on 1 October 2006
1447:Removal by order of the High Court.
1298:
994:European Convention on Human Rights
13:
2133:Australian Human Rights Commission
2107:Plaintiff M61/2010E v Commonwealth
2102:Plaintiff S157/2002 v Commonwealth
2030:Indefinite detention without trial
1954:Immigration detention in Australia
1171:
956:Supreme Court of the United States
802:, and particularly on the role of
14:
2549:
2482:Christmas Island Detention Centre
1490:(2). Sydney Law School: 355–370.
1060:approach of the minority judges.
2477:Nauru Regional Processing Centre
2467:Manus Regional Processing Centre
1974:Illegal immigration to Australia
1016:
25:
1805:The Australian Financial Review
1608:
1310:Marr, David (27 October 2007).
1280:Amnesty International Australia
900:
336:NZYQ v Minister for Immigration
259:NZYQ v Minister for Immigration
1370:Kuwait Nationality Law of 1959
1363:
1336:Karp, Paul (8 November 2023).
1329:
480:Solicitor-General of Australia
478:, and were represented by the
1:
2508:High Court of Australia cases
2225:Asylum Seeker Resource Centre
1979:Immigrant health in Australia
1707:Marr, David (31 March 2005).
1312:"Escape from a life in Limbo"
1148:
800:constitutional interpretation
798:expressed differing views on
786:Constitutional interpretation
452:Attorney-General of Australia
92:Al-Kateb v Godwin & Ors
2460:Offshore detention locations
1472:Curtin, Juliet (June 2005).
918:I'm not holding my breath."
493:
339:, overturned this decision.
7:
2389:Operation Sovereign Borders
2266:Prime Minister of Australia
1576:[2003] HCATrans 456
1557:[2003] HCATrans 458
1131:
677:, finding instead that the
630:
318:(the legislation governing
129:[2003] HCATrans 458
125:[2003] HCATrans 456
10:
2554:
2518:Imprisonment and detention
2429:Wrongfully detained people
2413:Investigations and reports
2128:Department of Home Affairs
1691:"The PM's lack of empathy"
1429:Federal Court (Full Court)
866:Australian Communist Party
457:, under provisions of the
402:. However attempts by the
295:in 2000 and applied for a
2459:
2428:
2412:
2374:Temporary protection visa
2361:
2333:Children Overboard affair
2325:
2284:
2276:Minister for Home Affairs
2258:
2212:
2156:
2115:
2069:
2051:Australian migration zone
2038:
1987:
1941:
1115:test, with Chief Justice
1025:This section needs to be
864:government to outlaw the
324:Constitution of Australia
297:temporary protection visa
257:
250:
245:
207:
202:
167:
162:
140:
135:
127: (12 November 2003),
120:
105:
97:
87:
77:
68:
63:
34:This article needs to be
2523:Australian migration law
2369:Visa policy of Australia
2240:Médecins Sans Frontières
2116:Government organisations
1969:Immigration to Australia
1711:. Sydney Morning Herald.
1578: (12 November 2003).
1559: (13 November 2003).
1050:statutory interpretation
816:War Precautions Act 1914
359:, except in the case of
320:immigration to Australia
301:Minister for Immigration
271:, was a decision of the
2235:Human Rights Law Centre
2189:Canstruct International
2143:Australian Border Force
2056:1951 Refugee Convention
1425:[2003] FCAFC 70
621:Stolen Generations case
420:Palestinian territories
404:Government of Australia
396:Refugee Review Tribunal
273:High Court of Australia
131: (13 November 2003)
112:, (2004) 219
82:High Court of Australia
2513:2004 in Australian law
2285:Notable asylum seekers
2199:Surveillance Australia
1724:"Al-Kateb and Behrooz"
1722:Glass, Arthur (2005).
1405:[2003] FCA 300
924:Australian Labor Party
914:
886:
775:
752:Non-judicial detention
733:
719:
707:
617:
548:Non-judicial detention
406:to remove Al-Kateb to
343:Background to the case
234:The provisions of the
157:[2003] FCA 300
2220:Amnesty International
2138:Royal Australian Navy
1931:Immigration detention
1881:[2004] HCA 49
1810:John Fairfax Holdings
1678:on 10 September 2006.
1621:[1997] HCA 27
1616:Kruger v Commonwealth
1595:[1992] HCA 64
1385:[2003] FCA 30
1316:Sydney Morning Herald
1274:Jordan, Seth (2005).
1231:[2004] HCA 37
1143:Merhan Karimi Nasseri
908:
870:
770:
728:
715:
695:
612:
610:, in which she said:
149:[2003] FCA 30
110:[2004] HCA 37
2528:Immigration case law
2259:Government officials
1474:"'Never Say Never':
990:University of Sydney
932:Australian Democrats
874:Communist Party Case
858:Communist Party case
837:Japanese Australians
685:Indefinite detention
506:Indefinite detention
277:indefinite detention
2213:Other organisations
1949:Asylum in Australia
1935:asylum in Australia
1848:10.22145/FLR.34.1.5
1765:(12 October 2005).
564:, or detention for
309:mandatory detention
299:. The Commonwealth
2404:Malaysian Solution
2384:Operation Resolute
2082:Ruddock v Vadarlis
2046:Migration Act 1958
1831:Federal Law Review
1537:Migration Act 1958
1521:Migration Act 1958
1441:Judiciary Act 1903
1256:2006-09-20 at the
1165:Migration Act 1958
915:
829:German Australians
806:and principles of
460:Judiciary Act 1903
381:Migration Act 1958
316:Migration Act 1958
2490:
2489:
2317:Murugappan family
2157:Private companies
2077:Al-Kateb v Godwin
2020:Human trafficking
2010:Illegal immigrant
1783:on 20 August 2006
1483:Sydney Law Review
1476:Al-Kateb v Godwin
1227:Al-Kateb v Godwin
1046:
1045:
1008:Academic response
804:international law
268:Al-Kateb v Godwin
264:
263:
241:
228:
218:
64:Al-Kateb v Godwin
59:
58:
2545:
2538:2004 in case law
2394:Pacific Solution
2307:Dina Ali Lasloom
2292:Behrouz Boochani
2015:People smuggling
2005:Stateless person
1924:
1917:
1910:
1901:
1900:
1892:
1874:
1868:
1867:
1825:
1814:
1813:
1799:
1793:
1792:
1790:
1788:
1782:
1776:. Archived from
1771:
1759:
1750:
1749:
1747:
1745:
1739:
1733:. Archived from
1728:
1719:
1713:
1712:
1704:
1695:
1694:
1686:
1680:
1679:
1668:
1662:
1661:
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1612:
1606:
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1569:
1560:
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1528:
1518:
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1412:
1398:
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1378:
1372:
1367:
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1358:
1356:
1333:
1327:
1326:
1324:
1322:
1307:
1296:
1295:
1293:
1291:
1282:. Archived from
1271:
1260:
1248:
1242:
1224:
1169:
1161:
1075:, preferred the
1041:
1038:
1032:
1020:
1019:
1012:
944:Gerard Henderson
940:Sydney Institute
934:leader, Senator
909:This cartoon by
554:executive branch
281:stateless person
239:
226:
216:
163:Court membership
73:
61:
60:
54:
51:
45:
29:
28:
21:
2553:
2552:
2548:
2547:
2546:
2544:
2543:
2542:
2493:
2492:
2491:
2486:
2455:
2424:
2408:
2379:Operation Relex
2357:
2321:
2280:
2254:
2208:
2194:Wilson Security
2152:
2111:
2065:
2034:
1983:
1937:
1928:
1897:
1895:
1875:
1871:
1826:
1817:
1800:
1796:
1786:
1784:
1780:
1769:
1763:McHugh, Michael
1760:
1753:
1743:
1741:
1740:on 22 June 2006
1737:
1726:
1720:
1716:
1705:
1698:
1687:
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1670:
1669:
1665:
1658:
1644:
1631:
1613:
1609:
1589:
1582:
1570:
1563:
1551:
1547:
1535:
1531:
1519:
1515:
1505:
1503:
1470:
1451:
1439:
1435:
1419:
1415:
1399:
1395:
1379:
1375:
1368:
1364:
1354:
1352:
1334:
1330:
1320:
1318:
1308:
1299:
1289:
1287:
1272:
1263:
1258:Wayback Machine
1249:
1245:
1225:
1172:
1162:
1155:
1151:
1134:
1042:
1036:
1033:
1030:
1021:
1017:
1010:
975:social security
971:Amanda Vanstone
936:Andrew Bartlett
928:Carmen Lawrence
903:
846:Lloyd v Wallach
788:
754:
687:
633:
606:'s decision in
550:
508:
496:
476:Phillip Ruddock
345:
291:, who moved to
253:
229:
219:
55:
49:
46:
39:
30:
26:
17:
12:
11:
5:
2551:
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2474:
2469:
2463:
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2457:
2456:
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2451:Stefan Nystrom
2448:
2446:Robert Jovicic
2443:
2438:
2432:
2430:
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2423:
2422:
2420:Palmer Inquiry
2416:
2414:
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2340:
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2329:
2327:
2323:
2322:
2320:
2319:
2314:
2309:
2304:
2302:Rahaf Mohammed
2299:
2294:
2288:
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2282:
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2279:
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2268:
2262:
2260:
2256:
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2237:
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2227:
2222:
2216:
2214:
2210:
2209:
2207:
2206:
2201:
2196:
2191:
2186:
2181:
2176:
2171:
2166:
2160:
2158:
2154:
2153:
2151:
2150:
2145:
2140:
2135:
2130:
2125:
2119:
2117:
2113:
2112:
2110:
2109:
2104:
2099:
2094:
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2084:
2079:
2073:
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2066:
2064:
2063:
2058:
2053:
2048:
2042:
2040:
2036:
2035:
2033:
2032:
2027:
2022:
2017:
2012:
2007:
2002:
1997:
1991:
1989:
1985:
1984:
1982:
1981:
1976:
1971:
1966:
1961:
1956:
1951:
1945:
1943:
1939:
1938:
1927:
1926:
1919:
1912:
1904:
1894:
1893:
1869:
1815:
1794:
1751:
1714:
1696:
1681:
1663:
1656:
1629:
1607:
1580:
1561:
1545:
1529:
1513:
1449:
1433:
1413:
1393:
1373:
1362:
1328:
1297:
1286:on 14 May 2006
1261:
1243:
1170:
1152:
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1147:
1146:
1145:
1140:
1133:
1130:
1044:
1043:
1024:
1022:
1015:
1009:
1006:
960:House of Lords
902:
899:
853:in Australia.
851:bill of rights
787:
784:
753:
750:
704:
700:
686:
683:
632:
629:
549:
546:
533:asylum seekers
507:
504:
495:
492:
455:Daryl Williams
388:United Nations
344:
341:
262:
261:
255:
254:
251:
248:
247:
243:
242:
205:
204:
200:
199:
169:
168:Judges sitting
165:
164:
160:
159:
142:
138:
137:
133:
132:
122:
118:
117:
107:
103:
102:
99:
95:
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89:
88:Full case name
85:
84:
79:
75:
74:
66:
65:
57:
56:
33:
31:
24:
15:
9:
6:
4:
3:
2:
2550:
2539:
2536:
2534:
2533:Statelessness
2531:
2529:
2526:
2524:
2521:
2519:
2516:
2514:
2511:
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2506:
2504:
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2228:
2226:
2223:
2221:
2218:
2217:
2215:
2211:
2205:
2202:
2200:
2197:
2195:
2192:
2190:
2187:
2185:
2184:Paladin Group
2182:
2180:
2177:
2175:
2172:
2170:
2169:Broadspectrum
2167:
2165:
2162:
2161:
2159:
2155:
2149:
2146:
2144:
2141:
2139:
2136:
2134:
2131:
2129:
2126:
2124:
2121:
2120:
2118:
2114:
2108:
2105:
2103:
2100:
2098:
2095:
2093:
2090:
2088:
2085:
2083:
2080:
2078:
2075:
2074:
2072:
2070:Court rulings
2068:
2062:
2059:
2057:
2054:
2052:
2049:
2047:
2044:
2043:
2041:
2037:
2031:
2028:
2026:
2023:
2021:
2018:
2016:
2013:
2011:
2008:
2006:
2003:
2001:
1998:
1996:
1995:Asylum seeker
1993:
1992:
1990:
1986:
1980:
1977:
1975:
1972:
1970:
1967:
1965:
1962:
1960:
1957:
1955:
1952:
1950:
1947:
1946:
1944:
1940:
1936:
1932:
1925:
1920:
1918:
1913:
1911:
1906:
1905:
1902:
1898:
1890:
1886:
1883:, (2004) 225
1882:
1878:
1873:
1865:
1861:
1857:
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1849:
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1841:
1837:
1833:
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1692:
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1659:
1657:1-86287-586-3
1653:
1649:
1642:
1640:
1638:
1636:
1634:
1626:
1623:, (1997) 190
1622:
1618:
1617:
1611:
1604:
1600:
1597:, (1992) 176
1596:
1592:
1587:
1585:
1577:
1573:
1568:
1566:
1558:
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1458:
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1454:
1446:
1442:
1437:
1430:
1426:
1422:
1417:
1410:
1409:Federal Court
1406:
1402:
1401:SHDB v Godwin
1397:
1390:
1389:Federal Court
1386:
1382:
1377:
1371:
1366:
1351:
1347:
1343:
1339:
1332:
1317:
1313:
1306:
1304:
1302:
1285:
1281:
1277:
1270:
1268:
1266:
1259:
1255:
1252:
1247:
1240:
1236:
1233:, (2004) 219
1232:
1228:
1223:
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1217:
1215:
1213:
1211:
1209:
1207:
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1141:
1139:
1136:
1135:
1129:
1127:
1126:Chu Kheng Lim
1122:
1118:
1114:
1113:Chu Kheng Lim
1110:
1109:Chu Kheng Lim
1104:
1101:
1097:
1092:
1090:
1086:
1082:
1081:Migration Act
1078:
1077:plain meaning
1074:
1068:
1066:
1065:Migration Act
1061:
1059:
1055:
1051:
1040:
1028:
1023:
1014:
1013:
1005:
1002:
997:
995:
991:
986:
984:
983:Kevin Andrews
980:
976:
972:
967:
965:
961:
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952:
947:
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941:
937:
933:
929:
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919:
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890:
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883:
879:
878:Privy Council
875:
869:
867:
863:
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838:
834:
830:
826:
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811:
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797:
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783:
779:
774:
769:
766:
763:
762:Migration Act
758:
749:
747:
743:
742:
736:
732:
727:
723:
718:
714:
712:
711:Migration Act
706:
702:
698:
694:
692:
691:Migration Act
682:
680:
679:Migration Act
676:
673:
669:
666:and Justices
665:
662:
661:Chief Justice
658:
654:
650:
646:
642:
638:
637:Migration Act
628:
626:
622:
616:
611:
609:
605:
601:
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582:
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574:Migration Act
569:
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541:
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534:
529:
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524:Migration Act
520:
516:
513:
512:Migration Act
503:
501:
500:Migration Act
491:
489:
485:
484:David Bennett
481:
477:
473:
468:
466:
465:interlocutory
462:
461:
456:
453:
447:
444:
443:Migration Act
440:
436:
435:habeas corpus
432:
427:
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389:
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350:jus sanguinis
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306:
305:Federal Court
302:
298:
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278:
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260:
256:
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236:Migration Act
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213:Migration Act
210:
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203:Case opinions
201:
197:
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189:
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181:
177:
173:
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166:
161:
158:
154:
153:SHDB v Godwin
150:
146:
143:
141:Prior actions
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