NAKG of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1600

NAKG of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1600

In the absence of a decision from the Full Court overturning Al Masri, the Court should order the applicant's release from immigration detention where the evidence establishes no real prospect of removal in the reasonably foreseeable future, following the construction adopted in Al Masri.

Jurisdiction
Australia
Judgment Date
19 December 2002
Procedural Posture
Application for Release From Immigration Detention / First Instance Judgment
Outcome
Order for release of the applicant from immigration detention on conditions, pending the decision of the Full Court in Al Masri.
Legal Topics
['mandatory Immigration Detention' 'statutory Construction' 'judicial Precedent' 'unlawful Non Citizens' 'removal From Australia']
['migration Law' 'administrative Law' 'constitutional Law'] ['mandatory Immigration Detention' 'statutory Construction' 'judicial Precedent' 'unlawful Non Citizens' 'removal From Australia']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Release From Immigration Detention / First Instance Judgment

Legal Issues

  1. 1 ['Whether the applicant should be released from immigration detention where removal in the reasonably foreseeable future is not practicable' 'Whether the decision of Merkel J in Al Masri should be followed']

Ratio Decidendi

In the absence of a decision from the Full Court overturning Al Masri, the Court should order the applicant's release from immigration detention where the evidence establishes no real prospect of removal in the reasonably foreseeable future, following the construction adopted in Al Masri.

Court Disposition

Order for release of the applicant from immigration detention on conditions, pending the decision of the Full Court in Al Masri.

Orders

  • ['Order for release of the applicant from immigration detention, conditions to be settled upon submissions or agreement.' 'Liberty to apply.']