Ruddock v Vadarlis [2001] FCA 1329, (2001) 110 FCR 491
Case history
Prior action(s)
Victorian Council for Civil Liberties Inc v Minister for Immigration and Multicultural Affairs [2001] FCA 1297, the case at first instance before a single judge of the Federal Court
Subsequent action(s)
Vadarlis v Minister for Immigration and Multicultural Affairs [2001] HCATrans 625, application to the High Court for special leave to appeal refused
Court membership
Judge(s) sitting
Black CJ, Beaumont & French JJ
Case opinions
(2:1) there is a prerogative power to expel or exclude non-citizens from Australia, incorporated within the executive power of the Commonwealth under section 61 of the Australian Constitution, and the power has not been abrogated by the Migration Act 1958 (per French & Beaumont JJ)
(2:1) the Government did not unlawfully detain the rescuees on the Tampa (per French & Beaumont JJ)
Ruddock v Vadarlis (also known as the Tampa case) was an Australian court case decided in the Federal Court of Australia on 18 September 2001.[1] It concerned the actions of the Government of Australia in preventing asylum seekers aboard the Norwegian cargo vessel MV Tampa from entering Australia in late August 2001 (see Tampa affair). The Victorian Council for Civil Liberties (now Liberty Victoria), and solicitor Eric Vadarlis, were seeking a writ of habeas corpus (an order for the asylum seekers to be released). The case is significant because it is one of the few cases to consider the nature and scope of the prerogative power of the executive branch of Government in Australia.
^Ruddock v Vadarlis [2001] FCA 1329 (18 September 2001), Federal Court (Full Court) (Australia).
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