SHDB v Goodwin & Ors [2003] FCA 300

SHDB v Goodwin & Ors [2003] FCA 300

Where removal from Australia of an unlawful non-citizen is not reasonably practicable but remains a possibility and officers are taking all reasonable steps to effect removal, detention remains lawful under the Migration Act 1958 (Cth), and relief by way of mandamus, prohibition, or habeas corpus is not available.

Parties
Applicant: SHDB; First Respondent: Philippa Goodwin; Second Respondent: Julie Helen Keenan; Third Respondent: Minister for Immigration and Multicultural and Indigenous Affairs
Jurisdiction
Australia
Judgment Date
03 April 2003
Procedural Posture
Judicial Review/application for Prerogative Relief / Judgment at First Instance
Outcome
Application dismissed; costs awarded to respondents.
Legal Topics
Immigration Detention, Deportation, Writ of Habeas Corpus, Mandamus, Statelessness
Administrative Law Immigration Law Immigration Detention Deportation Writ of Habeas Corpus Mandamus Statelessness

Case Brief

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Parties

SHDB

Applicant

Philippa Goodwin

First Respondent

Julie Helen Keenan

Second Respondent

Minister for Immigration and Multicultural and Indigenous Affairs

Third Respondent

Procedural Posture

Judicial Review/application for Prerogative Relief / Judgment at First Instance

Legal Issues

  1. 1 Whether applicant's detention is unlawful under the Migration Act 1958 (Cth)
  2. 2 Whether applicant is entitled to writs of mandamus or habeas corpus
  3. 3 Whether officers are taking all reasonable steps to effect removal under s 198 of the Migration Act

Ratio Decidendi

Where removal from Australia of an unlawful non-citizen is not reasonably practicable but remains a possibility and officers are taking all reasonable steps to effect removal, detention remains lawful under the Migration Act 1958 (Cth), and relief by way of mandamus, prohibition, or habeas corpus is not available.

Court Disposition

Application dismissed; costs awarded to respondents.

Orders

  • Application dismissed against each respondent.
  • Applicant to pay the respondents' costs of the application.