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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, Australia; High Court [HCA]

Reporter(s)

Rosemary Rayfuse

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, Australia; High Court [HCA]

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 25 August 2019

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.

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