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Uncertainty and Exclusion: Detention of Aliens and the High Court by Zagor, Matthew is a Social Sciences article available to read on EtoBox.

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In a series of judgments in August and October 2004, the High Court found that the Migration Act 1958 (Cth) ('the Act') unambiguously provides for the indefinite detention of unlawful non-citizens, and that such a law is constitutionally valid. 1 In doing so, a majority on the High Court arguably rewrote the rule book on the operation of Chapter III of the Constitution ('Ch III'), undermining the majority judgment in Chu Kheng Lim v Minister for Immigration in the process. 2 This case note focuses primarily on Al-Kateb v Godwin. 3 To the extent that they clarify or expand on the reasoning with respect to the operation of Ch III, reference is also made to Minister for Immigration and Multicultural and Indigenous Affairs v Al Khafaji 4 and Behrooz v Secretary of the Department of Immigration and Multicultural and Indigenous Affairs 5 which were argued at the same time as Al-Kateb, and to Re Woolley; Ex parte Applicants M276/2003 by their next friend GS, 6 which concerned the administrative detention of non-citizen children. Al-Kateb tackled what had become known as the Al Masri doctrine, a reference to the decision of Merkel J of the Federal Court which implied a temporal limitation

Who reads Uncertainty and Exclusion: Detention of Aliens and the High Court?

Author

Zagor, Matthew

Publisher

SAGE Publications; Australian National University, College of Law (ISSN 0067-205X)

Published

2006

Language

EN

Field

Social Sciences