Untan v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 35

FEDERAL COURT OF AUSTRALIA

Untan v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 35 MIGRATION –finding of denial of procedural fairness by primary judge – effect of High Court decision on operation of s 474 – application for release from detention pending appeal – no discretionary factors for Court's consideration – whether decision of primary judge final and binding so as to prevent release. Migration Act 1958 (Cth) ss 474 and 501(2) Untan v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1448 referred to S157 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] HCA 2 applied Minister for Immigration & Multicultural & Indigenous Affairs v Bhardwaj (2002) 76 ALJR 598 referred to Minister for Immigration & Multicultural & Indigenous Affairs v VFAD of 2002 [2002] FCAFC 390 followed Re Macks; exparte Saint (2000) 204 CLR 158 considered ION UNTAN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 1359 OF 2002 LEE, WHITLAM & JACOBSON JJ 14 FEBRUARY 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1359 OF 2002

BETWEEN: ION UNTAN

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: LEE, WHITLAM & JACOBSON JJ

DATE OF ORDER: 14 FEBRUARY 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: Upon the appellant filing in the registry of the Court an undertaking, of which a copy is to be kept in the offices of the Department, that he understands and will abide by the conditions of his release set out herein, he be released from immigration detention on the following conditions:

1. The appellant reside with his wife and children at 4 Cuthbert Crescent, Revesby in the State of New South Wales.