SHFB v Goodwin & Ors [2003] FCA 294

SHFB v Goodwin & Ors [2003] FCA 294

The applicant is not being unlawfully detained; under ss 189, 196 and 198 of the Migration Act 1958 (Cth), an unlawful non-citizen must remain detained until removed from Australia, deported, or granted a visa, regardless of the practicability of removal at the present time. No failure by officers to take all reasonable steps to effect removal was established, and mandamus or habeas corpus will not issue in these circumstances. The approach in Al Masri was not followed.

Jurisdiction
Australia
Judgment Date
03 April 2003
Procedural Posture
Application for Writs (habeas Corpus, Mandamus, Prohibition, Declaration) Under S 39 B Judiciary Act 1903 (cth) / Final Judgment at First Instance
Outcome
Application dismissed
Legal Topics
['immigration Detention' 'unlawful Non Citizens' 'statelessness' 'writ of Habeas Corpus' 'mandamus' 'prohibition' 'interpretation of Migration Act 1958 (cth) Ss 189, 196, 198']
['migration Law' 'administrative Law' 'constitutional Law'] ['immigration Detention' 'unlawful Non Citizens' 'statelessness' 'writ of Habeas Corpus' 'mandamus' 'prohibition' 'interpretation of Migration Act 1958 (cth) Ss 189, 196, 198']

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Procedural Posture

Application for Writs (habeas Corpus, Mandamus, Prohibition, Declaration) Under S 39 B Judiciary Act 1903 (cth) / Final Judgment at First Instance

Legal Issues

  1. 1 ['Whether the prolonged detention of the applicant, an unlawful non-citizen, is unlawful under the Migration Act 1958 (Cth)' "Whether officers and the Minister are taking all reasonable steps to effect the applicant's removal as required by s 198" 'Whether mandamus, prohibition, or habeas corpus should issue to compel release or actions for removal']

Ratio Decidendi

The applicant is not being unlawfully detained; under ss 189, 196 and 198 of the Migration Act 1958 (Cth), an unlawful non-citizen must remain detained until removed from Australia, deported, or granted a visa, regardless of the practicability of removal at the present time. No failure by officers to take all reasonable steps to effect removal was established, and mandamus or habeas corpus will not issue in these circumstances. The approach in Al Masri was not followed.

Court Disposition

Application dismissed

Orders

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