Legal Material

Behrooz v Secretary of the Department of Immigration and Multicultural and Indigenous Affairs and ors, Final Appeal, Case no A255/2003, (2004) HCA 36, (2004) 219 CLR 486, 208 ALR 271, 78 ALJR 1056, ILDC 511 (AU 2004), 6th August 2004, High Court [HCA]



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Whether harsh conditions of detention of illegal aliens constituted punishment of a kind that could only be imposed by courts in the exercise of judicial power and therefore provided a defence to a charge of escaping from the place of detention.

Keywords: Aliens, treatment; Detention; Due process; Human rights, civil and political rights; Human rights, freedom from torture and cruel, inhuman, or degrading treatment; Human rights, rights of persons deprived of their liberty; Human rights, right to fair trial; International law and domestic law, conflicts between; International law and domestic law, consistent interpretation; Judicial review

Legal Material.  33973 words. 

Subjects: Public International Law ; International Law ; Law

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