24 Jan 1995
Re Chung Tu Quan and Others
- Citation
- Re Chung Tu Quan and Others
- Court
- Court of First Instance
- Case number
- HCMP3417/1994
Detention under s.13D(1) can lawfully be applied as a general policy to migrants from Vietnam without individualized pre-detention representations; once legality is challenged respondents bear the legal burden to prove detention is reasonable under s.13D(1A)/(1B); detention is impliedly time-limited to that reasonably necessary to achieve repatriation/resettlement and becomes unlawful if the statutory purpose cannot be achieved within a reasonable time — accordingly the court ordered immediate release of Applicants A9, A10 and A11 because, on the balance of probabilities, Vietnam would not ac…