NAMU of 2002 v Secretary, Department of Immigration Indigenous & Multicultural Affairs [2002] FCA 908

NAMU of 2002 v Secretary, Department of Immigration Indigenous & Multicultural Affairs [2002] FCA 908

Section 196 of the Migration Act 1958 (Cth) is a valid law of the Commonwealth and not constitutionally invalid.

Jurisdiction
Australia
Judgment Date
04 July 2002
Procedural Posture
Application for Declaration / Final Hearing; Preliminary Question on Constitutional Validity
Outcome
Application dismissed
Legal Topics
['constitutional Validity of Legislation' 'detention Provisions']
['constitutional Law' 'migration Law'] ['constitutional Validity of Legislation' 'detention Provisions']

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 Declaration / Final Hearing; Preliminary Question on Constitutional Validity

Legal Issues

  1. 1 ['Whether section 196 of the Migration Act 1958 (Cth) is constitutionally invalid']

Ratio Decidendi

Section 196 of the Migration Act 1958 (Cth) is a valid law of the Commonwealth and not constitutionally invalid.

Court Disposition

Application dismissed

Orders

  • ['The application be dismissed.' 'Costs reserved, liberty reserved to the parties to make submissions on costs within fourteen days.']