Department of Immigration officers wrongly detained, interrogated and incarcerated a young man on a valid student visa, a Full Federal Court has found in a damning judgment which echoes the systemic failings found by the Palmer report.
Justices Murray Wilcox, Margaret Stone and James Allsop directed that their stinging judgment be brought to the immediate personal attention of Immigration Minister Amanda Vanstone, who indicated last night she may amend regulations in the wake of the case.
The judgment will be powerful ammunition against the minister who has defied calls to resign over the 201 alleged wrongful-detention cases investigated by former Federal Police commissioner Mick Palmer.
The Federal Court found that the visa of 21-year-old student Mahabub Alam, of Bangladesh, had been wrongly cancelled and further that: His home and belongings had been searched without apparent cause and without a warrant. He had been restrained throughout the search. His arrest and removal to the department's offices had come not only without apparent lawful warrant but officers of the department had not even let him put on a shirt before taking him from his home in only a singlet. It had been wrong for him to have been interrogated at the department's offices. His removal and incarceration at the Villawood Detention Centre - for three weeks - had also been wrong.
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In the latest case, Mr Alam's visa was mandatorily cancelled when departmental officers found that he had worked 22 hours in a week, when the law said student visa- holders were allowed to work only 20 hours.
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