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Whether detention under s 34 Immigration Act was lawful after asylum refusals and whether police/prison cells qualify as places of detention.
Immigration law – s 34(1) Immigration Act – arrest, detention and deportation of illegal foreigners – scope and meaning of "manner and at a place determined by the Director‑General" – prisons and police cells permissible places of detention. Refugee/Asylum – temporary asylum‑seeker permits lapse on final rejection of asylum application; applicants become illegal foreigners liable for deportation. Detention standards – conditions that amount to denial of fundamental personality rights may render detention unlawful; factual findings required. Procedural rights – communication of rights "when possible, practicable and available" in a language understood; interpreters’ credibility assessed. Administrative discretion – immigration officers retain and must exercise discretion before arresting for deportation.
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