Behrooz v Secretary of the Department of Immigration and Multicultural and Indigenous Affairs

Immigration – Appellant charged with offence of escape by unlawful non-citizen from immigration detention contrary to s 197A of the Migration Act 1958 (Cth) - Appellant sought issue of witness summonses pursuant to Magistrates Court Act 1991 (SA) seeking production of documentary material relating to conditions and complaints about conditions at detention centre - Whether material sought by witness summonses could have assisted appellant in his defence - Whether, by reason of conditions at detention centre, it could be said that appellant did not escape from "immigration detention" within the meaning of the offence.

Immigration – Constitutional law (Cth) - Whether detention under harsh or inhumane conditions is authorised by the Migration Act 1958 (Cth) - Whether Migration Act 1958 (Cth) only authorises detention under conditions that are reasonably capable of being seen as necessary for migration control purposes - Whether detention in harsher conditions would be punitive and therefore could not validly be authorised except as a consequence of the exercise of the judicial power under Ch III of the Constitution - Distinction between lawful authority to detain and means by which detention is achieved and enforced - Relevance of potential availability of other civil, criminal or administrative remedies to the construction of the statutory offence - Relevance of Constitutional principles and international law to construction of statutory offence.

Constitutional law (Cth) – Construction of the Constitution - Whether international law applicable to interpretation of the Constitution.

Words and phrases – "detain", "detainee", "immigration detention".

Constitution – Ch III.

Migration Act 1958 (Cth) – ss 3A, 5, 189, 196, 197A, 273.

Magistrates Court Act 1991 (SA) – s 20.