Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NAFC v Minister for Immigration &Multicultural & Indigenous Affairs [2003] FCAFC 22 MIGRATION – appellant in immigration detention – application for injunction to prevent removal from Sydney to Woomera or Baxter pending hearing before Refugee Review Tribunal in Sydney – primary Judge refused injunction – appeal moot because Tribunal hearing completed in meanwhile – reference to question whether s 256 of Migration Act 1958 (Cth) imposes obligation on Minister PRACTICE AND PROCEDURE – appellant in immigration detention – application for injunction to prevent removal from Sydney to Woomera or Baxter pending hearing before Refugee Review Tribunal in Sydney – primary Judge refused injunction – appeal moot because Tribunal hearing completed in meanwhile – reference to question whether s 256 of Migration Act 1958 (Cth) imposes obligation on Minister
Migration Act 1958 (Cth) s 256
NAKG of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 997 cited
NAFC v MINISTER FOR IMMIGRATION & MULTICULTURAL
& INDIGENOUS AFFAIRS N 1409 OF 2002 LINDGREN, STONE & ALLSOP JJ 26 FEBRUARY 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1409 OF 2002
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: NAFC
APPELLANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGES: LINDGREN, STONE AND ALLSOP JJ
DATE OF ORDER: 26 FEBRUARY 2003
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1409 OF 2002
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
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