Ruddock v Taylor

Statutes – Acts of Parliament - Statutory powers and duties - Power to detain - Respondent's permanent transitional visa twice cancelled unlawfully - Respondent twice detained in immigration detention - Whether detention lawful under s 189(1) of the Migration Act 1958 (Cth) ("the Act") - Whether officers of the Commonwealth knew or reasonably suspected that the respondent was an unlawful non-citizen - Whether a reasonable suspicion may rest upon a mistake of law - Whether s 189(1) of the Act confers protection against mistakes concerning reach of Commonwealth power.

False imprisonment – Unlawful cancellation of respondent's visa - Whether respondent's subsequent detention unlawful - Whether s 189(1) of the Act provides a defence to a claim for wrongful imprisonment.

Words and phrases – "knows", "reasonable suspicion", "mistake of law", "unlawful detention", "false imprisonment".

Migration Act 1958 (Cth) – ss 189, 196, 501.