18 Jun 1997
CHIENG A LAC AND OTHERS v. THE DIRECTOR OF IMMIGRATION, THE SUPERINTENDENT OF WHITEHEAD DETENTION CENTRE
- Citation
- CHIENG A LAC AND OTHERS v. THE DIRECTOR OF IMMIGRATION, THE SUPERINTENDENT OF WHITEHEAD DETENTION CENTRE
- Court
- Court of Appeal
- Case number
- CACV51/1997
The Court of Appeal held the High Court erred by undertaking microscopic, roving inquiries and granting broad discovery outside the scope of the applicants' pleaded case; on the evidence and the judge's own findings the Director had, generally-speaking, taken all reasonable steps under Hardial Singh and s13D(1A)/(1AA), so detention remained lawful for the many detainees; s11 excludes Bill of Rights protection for the immigration detention issue; the judge's orders for release in four test cases and broad discovery/rolling affidavits were set aside or discharged accordingly.