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- 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. 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. (en)
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- Full Court of the Federal Court of Australia (en)
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- Ruddock & Ors v Vadarlis & Ors (en)
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- Black CJ, Beaumont & French JJ (en)
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- ' 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( )
' the Government did not unlawfully detain the rescuees on the Tampa( ) (en)
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- , the case at first instance before a single judge of the Federal Court (en)
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- , application to the High Court for special leave to appeal refused (en)
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- 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. 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. (en)
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