Tang Jia Xin v Senator Nick Bolkus, Minister for Immigration & Ethnic Affairs & Anor [1996] FCA 236

Tang Jia Xin v Senator Nick Bolkus, Minister for Immigration & Ethnic Affairs & Anor [1996] FCA 236

Only the 21-day period from 4 June to 24 June 1992 stopped the clock before expiry of the 273-day period. The other periods before late February 1993 were not shown to have delayed the processing of the applications because no case officer work on draft decisions was then interrupted by the awaited responses. With the 21-day extension, the 273-day period expired on 24 February 1993. By the time later events would have interrupted processing, the clock had already run out; therefore the detentions of Mr Wang and Ms Jie became unlawful from 24 February 1993 and remained unlawful until their release in August.

Jurisdiction
Australia
Judgment Date
11 April 1996
Procedural Posture
Representative Action Under Part IVA of the Federal Court of Australia Act 1976 Claiming Damages for Wrongful Imprisonment and Trespass to Person Arising From Alleged Unlawful Immigration Detention / Preliminary Issue Concerning the Processing of the Review Applications of Wang Cheng Jian and Jie Shi Fang and Computation of Clock Stopping Periods Under S.54 Q of the Migration Act 1958
Outcome
The Court determined the preliminary issue by finding that the detentions of Wang Cheng Jian and Jie Shi Fang became unlawful from 24 February 1993, but made no substantive order or declaration at this stage and stood the matter over for mention.
Legal Topics
['refugee Applications' 'designated Persons in Custody' 'application Custody' 'unlawful Detention' 'clock Stopping Events' 'computation of Statutory Detention Period' 'procedural Fairness Submissions']
['migration Law' 'administrative Law' 'tort Law' 'representative Proceedings'] ['refugee Applications' 'designated Persons in Custody' 'application Custody' 'unlawful Detention' 'clock Stopping Events' 'computation of Statutory Detention Period' 'procedural Fairness Submissions']

Case Brief

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Procedural Posture

Representative Action Under Part IVA of the Federal Court of Australia Act 1976 Claiming Damages for Wrongful Imprisonment and Trespass to Person Arising From Alleged Unlawful Immigration Detention / Preliminary Issue Concerning the Processing of the Review Applications of Wang Cheng Jian and Jie Shi Fang and Computation of Clock Stopping Periods Under S.54 Q of the Migration Act 1958

Legal Issues

  1. 1 ['Whether periods relied on by the respondents were periods during which the s.54Q application custody clock stopped for Wang Cheng Jian and Jie Shi Fang.' 'Whether the Department was unable to continue dealing with the applications because it was waiting for information or submissions not under its control.' 'Whether the detentions of Wang Cheng Jian and Jie Shi Fang became unlawful before the review decisions were announced on 25 June 1993.']

Ratio Decidendi

Only the 21-day period from 4 June to 24 June 1992 stopped the clock before expiry of the 273-day period. The other periods before late February 1993 were not shown to have delayed the processing of the applications because no case officer work on draft decisions was then interrupted by the awaited responses. With the 21-day extension, the 273-day period expired on 24 February 1993. By the time later events would have interrupted processing, the clock had already run out; therefore the detentions of Mr Wang and Ms Jie became unlawful from 24 February 1993 and remained unlawful until their release in August.

Court Disposition

The Court determined the preliminary issue by finding that the detentions of Wang Cheng Jian and Jie Shi Fang became unlawful from 24 February 1993, but made no substantive order or declaration at this stage and stood the matter over for mention.

Orders

  • ['The matter be stood over for mention at 9.30am on Tuesday, 7 May 1996.']