Al-Kateb v Godwin
Jurisdiction | Australia Federal only |
Judge | Gleeson CJ.,McHugh J.,Gummow J.,Kirby J.,Hayne J.,Callinan J.,Heydon J. |
Judgment Date | 06 August 2004 |
Neutral Citation | [2004] HCA 37,2004-0806 HCA A |
Court | High Court |
Docket Number | A253/2003 |
Date | 06 August 2004 |
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181 cases
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Plaintiff M47-2012 v Director General of Security
...modern curial procedures for bail, habeas corpus was the principal method for the seeking of bail 138. 109 As Gleeson CJ indicated in Al-Kateb v Godwin139, with particular reference to United States authority, a discharge upon habeas corpus from immigration detention may be made upon terms ......
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58 books & journal articles
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Mandatory sentencing for people smuggling: issues of law and policy.
...Crimes Act 1914 (Cth) s 16A(1). (389) PlaintiffS157/2002 v Commonwealth (2003) 211 CLR 476, 492 [30] (Gleeson CJ); Al-Kateb v Godwin (2004) 219 CLR 562, 577 [19]-[20] (Gleeson CJ); Lacey v A-G (Qld) (2011) 242 CLR 573, 582-3 [18] (French CJ, Gummow, Hayne, Crennan, Kiefel and Bell JJ); Byrn......
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National litigation and international law: repercussions for Australia's protection of marine resources.
...collectively as 'HSI v Kyodo'. (3) (2006) 93 ALD 640. (4) (2003) 126 FCR 354. (5) In the Australian context, see, eg, Al-Kateb v Godwin (2004) 219 CLR 562, in particular the contrasting views of McHugh and Kirby JJ on the role of international law: at 589-95 (McHugh J), 617-30 (Kirby J). Se......
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'An "alien" by the barest of threads' - the legality of the deportation of long-term residents from Australia.
...account international law, including international human rights law, in interpreting constitutional terms: see, eg, Al-Kateb v Godwin (2004) 219 CLR 562, 6234 (Kirby J). Indeed, in the later case of Koroitamana v Commonwealth (2006) 227 CLR 31, 50, his Honour stated: 'I accept that the Aust......
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The Constitution and the Substantive Principles of Judicial Review: The Full Scope of the Entrenched Minimum Provision of Judicial Review
...175 Coco (1994) 179 CLR 427, 443 (Mason CJ, Brennan, Gaudron and McHugh JJ). 176 Ibid. 177 Ibid. 178 Al-Kateb v Godwin (2004) 219 CLR 562. 179 S157 (2003) 211 CLR 476, 492 (Gleeson CJ) (quoting R v Home Secretary; Ex parte Simms [2000] 2 AC 115, 131). 180 Electrolux (2004) 221 CLR 309, 328.......
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