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Guo v Commonwealth of Australia [2017] FCA 1355

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MIGRATION - visa application - refusal of permanent visa on character grounds - defective notifications - temporary entry permit still in force resulting in periods of unlawful detention of a lawful non-citizen - whether detaining officers held reasonable suspicion that detained person was an illegal non-citizen TORTS - false imprisonment - detention under s 189 of the Migration Act 1958 (Cth) - whether detaining officers held reasonable suspicion that detained person was an illegal non-citizen - whether lawful justification for actions DAMAGES - nominal damages - appellant would have been lawfully detained as an unlawful non-citizen if notices not defective DAMAGES - exemplary damages - period of unlawful detention known to Commonwealth - appellant detained unlawfully - exemplary damages awarded for purpose of punishment and deterrence

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