Court has power to make an interlocutory order for release pending hearing and determination of application Migration Act 1958
Cth) ss 5, 13(1), 14(1), 29, 65, 66, 67, 68(1), 70, 186, 188, 196(3), 196, 198, 474, 475A, 479 and 486C Federal Court of Australia Act 1976
Cth) s 19, 21 and 23 Judiciary Act 1903
Cth) s 39B(1A)(c) Administrative Decisions (Judicial Review) Act 1977
The appeal raises for consideration whether the power conferred by s 23 of the Federal Court of Australia Act 1976
Or is the Minister correct when he contends that this power has been withdrawn in its application to such persons since the introduction in 1994 of s 196(3) of the Migration Act 1958
Delegate of the Minister for Immigration and Ethnic Affairs for purposes of section 65 of the Migration Act 1958
Indeed, it did not come to light until some months later, after a request for the respondent's file had been made under the Freedom of Information Act 1982
On 22 July 2002 the respondent instituted a proceeding in this Court pursuant to s 39B(1A)(c) of the Judiciary Act 1903