Luu v Minister for Immigration & Multicultural Affairs

(2002) 197 ALR 433; [2002] FCAFC 369

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Interrogate

Catchwords

1. Immigration
2. › Deportation
3. › Deportation order
4. › Decision not to revoke deportation order
5. › Procedural fairness
6. › Whether deportee informed of critical issues
7. › Whether fresh investigation required
8. › Migration Act 1958 (Cth), ss 200, 206
1. Immigration
2. › Deportation
3. › Immigration detention pending deportation
4. › Decision not to release deportee from detention
5. › Procedural fairness
6. › Whether adverse finding of risk of absconding obviously open on known material
7. › Migration Act 1958 (Cth), s 253(9)
1. Immigration
2. › Deportation
3. › Immigration detention pending deportation
4. › Relevant considerations
5. › Whether protection of Australian community a relevant consideration to decision under s 253(9)
6. › Migration Act 1958 (Cth), ss 253, 254
1. Immigration
2. › Deportation
3. › Immigration detention pending deportation
4. › Whether detention indeterminate or punitive
5. › Whether detention authorised where deportation not immediately possible
6. › Whether contravention of ICCPR Arts 7, 9, 10
7. › Migration Act 1958 (Cth), ss 253(1), 253(8), 253(9)

Quick Take

The Minister may lawfully have regard to protection of the Australian community when deciding whether to release a deportee under s 253(9), and the duty to make inquiries does not extend to requiring the Minister to initiate investigations into risk of re-offending or absconding where the deportee has the opportunity to present such material through solicitors.