Cabal v MIMA [1999] FCA 14

Cabal v MIMA [1999] FCA 14

Because the applicants were in custody and the question whether 29 December 1998 was a 'working day' was short and potentially decisive, it was desirable to determine that issue separately that day under O 29 r 2(a).

Jurisdiction
Australia
Judgment Date
05 January 1999
Procedural Posture
Applications Seeking Interlocutory and Final Relief for Release From Immigration Detention / Ruling on Whether to Decide a Separate Question
Outcome
Separate question ordered to be decided separately from any other question.
Legal Topics
['immigration Detention' 'bridging Visas' 'prescribed Period' 'working Day' 'separate Question']
['immigration' 'administrative Law' 'civil Procedure'] ['immigration Detention' 'bridging Visas' 'prescribed Period' 'working Day' 'separate Question']

Case Brief

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Procedural Posture

Applications Seeking Interlocutory and Final Relief for Release From Immigration Detention / Ruling on Whether to Decide a Separate Question

Legal Issues

  1. 1 ["Whether Tuesday, 29 December 1998 was a 'working day' within the meaning of reg 2.24(2)(a) of the Migration Regulations for the purposes of s 75(1)(b) of the Migration Act 1958 (Cth)." 'Whether that issue should be determined separately from any other question pursuant to O 29 r 2(a) of the Federal Court Rules.']

Ratio Decidendi

Because the applicants were in custody and the question whether 29 December 1998 was a 'working day' was short and potentially decisive, it was desirable to determine that issue separately that day under O 29 r 2(a).

Court Disposition

Separate question ordered to be decided separately from any other question.

Orders

  • ['Pursuant to O 29 r 2(a) of the Federal Court Rules, the following question be decided separately from any other question: "Whether Tuesday, 29 December 1998 was a \'working day\' within the meaning of reg 2.24(2)(a) of the Migration Regulations for the purposes of s 75(1)(b) of the Migration Act 1958 (Cth)."']