18 Jun 1997
VO THI DO AND OTHERS v. THE DIRECTOR OF IMMIGRATION, THE SUPERINTENDENT OF WHITEHEAD DETENTION CENTRE
- Citation
- VO THI DO AND OTHERS v. THE DIRECTOR OF IMMIGRATION, THE SUPERINTENDENT OF WHITEHEAD DETENTION CENTRE
- Court
- Court of Appeal
- Case number
- CACV62/1997
On the applicants' pleaded case and on the High Court judge's own factual findings, the Director had generally taken all reasonable steps and detention under s13D(1) was lawful for the detainees in issue; the High Court erred in conducting individualized microscopic inquiries outside the pleaded case and in ordering broad discovery and rolling affidavits which amounted to a fishing expedition; the Bill of Rights exclusion in s11 applied to immigration detention; orders for release and extensive discovery/rolling affidavits were therefore set aside or discharged.