Nassiri, B. & Ors v Minister for Immigration & Ethnic Affairs [1986] FCA 249

Nassiri, B. & Ors v Minister for Immigration & Ethnic Affairs [1986] FCA 249

The applicant's consent to detention beyond seven days was prima facie vitiated by erroneous explanation, rendering the detention unlawful and entitling the applicant to release subject to conditions.

Parties
Applicant: Behzad Nassiri; Applicant: Khalil Ordienejad; Applicant: Abdolamir Masoodnejad; Respondent: S.J. Deer; Respondent: Minister for Immigration and Ethnic Affairs
Jurisdiction
Australia
Judgment Date
30 May 1986
Procedural Posture
Application for Judicial Review / Interim Order
Outcome
Interim relief granted; applicants released from custody subject to conditions; proceedings consolidated; detention order suspended; costs reserved; matter adjourned for mention.
Legal Topics
Detention Under Migration Act, Procedural Legality of Detention, Consent to Detention, Judicial Review of Administrative Decisions
Administrative Law Immigration Law Detention Under Migration Act Procedural Legality of Detention Consent to Detention Judicial Review of Administrative Decisions

Case Brief

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Parties

Behzad Nassiri

Applicant

Khalil Ordienejad

Applicant

Abdolamir Masoodnejad

Applicant

S.J. Deer

Respondent

Minister for Immigration and Ethnic Affairs

Respondent

Procedural Posture

Application for Judicial Review / Interim Order

Legal Issues

  1. 1 Whether consent to detention beyond seven days under s.38(3A) Migration Act was valid
  2. 2 Whether the applicants were lawfully detained
  3. 3 Whether an interpreter's explanation constituted misrepresentation affecting consent

Ratio Decidendi

The applicant's consent to detention beyond seven days was prima facie vitiated by erroneous explanation, rendering the detention unlawful and entitling the applicant to release subject to conditions.

Court Disposition

Interim relief granted; applicants released from custody subject to conditions; proceedings consolidated; detention order suspended; costs reserved; matter adjourned for mention.

Orders

  • Proceedings G52/1986 consolidated with G50/1986 and G51/1986.
  • Decision authorizing applicants' detention until 6 June 1986 suspended until further order.