18 Jun 1997
VU VAN PHAN AND OTHERS v. THE DIRECTOR OF IMMIGRATION, THE SUPERINTENDENT OF WHITEHEAD DETENTION CENTRE
- Citation
- VU VAN PHAN AND OTHERS v. THE DIRECTOR OF IMMIGRATION, THE SUPERINTENDENT OF WHITEHEAD DETENTION CENTRE
- Court
- Court of Appeal
- Case number
- CACV71/1997
The Court of Appeal held the High Court judge erred by conducting a roving, microscopic factual inquiry outside the applicants' pleaded case and by ordering wide discovery and rolling affidavits; on the judge's own findings the Director had generally taken all reasonable steps to effect repatriation and the detention under s13D(1) was lawful in general; the Bill of Rights did not displace the immigration legislation by virtue of s11; orders for release and for broad disclosure were set aside.