Such an appeal, however, would be concerned exclusively with whether or not the Tribunal had decided the case according to law.
The Federal Court could order a new Tribunal hearing, but it could not make a judgement on the substance of the case.
Section 88 of the , which had provided the basis for the Cambodians’ detention, allowed merely for the short-term detention of stowaways.
In anticipation of this judgement, legislation was rushed through the parliament restricting damages to falsely detained asylum seekers to $1 a day.
During the 1980s, 177,000 Vietnamese were invited to Australia as refugees or as part of the country’s official migration program.
Essay About Refugees In Australia
Due in part to the government’s policies, no asylum seeker boat arrived between 19.
One reason for this was to make it more difficult for lawyers to contact them.
In May 1992 the detention of asylum seekers was found, in the Federal Court, to be unlawful.
Such detention was to be unreviewable by the courts. In December 1992 the High Court found mandatory detention lawful, with the proviso that its purpose was not to punish or to deter; it was to be used solely as an instrument of migration control.
At much the same time the Hawke government introduced new legislation which balanced unreviewable mandatory detention with a Refugee Review Tribunal.