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Recently Added
Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
Singh v Commonwealth of Australia [2004] HCA 43 (9 September 2004)
Muin v Refugee Review Tribunal; Lie v Refugee Review Tribunal [2002] HCA 30

"Use the Migration Specialists that migration agents use"
Cases

Al-Kateb v Godwin

Immigration - Unlawful non-citizens - Detention pending removal from Australia - No real prospect of removal from Australia in reasonably foreseeable future - Whether detention lawful under Migration Act 1958 (Cth) - Whether detention is temporally limited by purpose of removal - Whether requirement to remove as soon as reasonably practicable implies time limit on detention.

Statutes - Acts of Parliament - Construction and interpretation - Where meaning ambiguous or uncertain - Presumption of legislative intention not to invade personal common law rights.

Constitutional law (Cth) - Judicial power of the Commonwealth - Unlawful non-citizen in immigration detention - No real prospect of removal from Australia in reasonably foreseeable future - Whether provision for indefinite detention without judicial order infringes Chapter III of the Constitution - Whether detention involves an exercise of judicial power of the Commonwealth by the Executive - Whether detention is for a non-punitive purpose.


Constitutional law (Cth) - Construction and interpretation - Whether Constitution to be interpreted to be consistent with international law of human rights and fundamental freedoms.

Al-Kateb v Godwin [2004] HCA 37 (6 August 2004)

Al-Kateb v Godwin

Immigration - Unlawful non-citizens - Detention pending removal from Australia - No real prospect of removal from Australia in reasonably foreseeable future - Whether detention lawful under Migration Act 1958 (Cth) - Whether detention is temporally limited by purpose of removal - Whether requirement to remove as soon as reasonably practicable implies time limit on detention.

Statutes - Acts of Parliament - Construction and interpretation - Where meaning ambiguous or uncertain - Presumption of legislative intention not to invade personal common law rights.

Constitutional law (Cth) - Judicial power of the Commonwealth - Unlawful non-citizen in immigration detention - No real prospect of removal from Australia in reasonably foreseeable future - Whether provision for indefinite detention without judicial order infringes Chapter III of the Constitution - Whether detention involves an exercise of judicial power of the Commonwealth by the Executive - Whether detention is for a non-punitive purpose.


Constitutional law (Cth) - Construction and interpretation - Whether Constitution to be interpreted to be consistent with international law of human rights and fundamental freedoms.
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