Federal Court (Full Court). Does s 273(1) of the Migration Act 1958 (Cth) authorise the Commonwealth to refuse entry if a visitor insists on bringing certain food into a detention centre?
Some of the questions to the Full Court of the Federal Court (FCA) were as follows:
Question 1: Can it be said s 273(1) does not authorise the operation of detention centres?
Question 2: Does s 273(1) of the Migration Act 1958 (Cth) authorise the Commonwealth to refuse entry if a visitor insists on bringing certain food into a detention centre?
Question 3: Is the making of a policy according to which homemade food cannot be taken to an immigration detention centre an exercise of executive power?
Question 4: Does 252G "deal exhaustively with entry to detention centres or the conditions which the Commonwealth could impose on entry or even the requests which could be made before permitting"?
The FCAFC answered those questions as follows:
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