NATB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 185

FEDERAL COURT OF AUSTRALIA NATB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 185 MIGRATION – application for leave to appeal from summary dismissal of proceeding – injunction to restrain removal from Australia – apprehension of torture in proposed destination – whether arguable case Judiciary Act 1993 (Cth) s 39B Federal Court of Australia Act 1976 (Cth) s 24 (1A) Migration Act 1958 (Cth) ss 36, 198(6) Federal Court Rules O 20 r 2 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 – followed Ex parte Bucknell (1936) 56 CLR 221 – applied General Steel Industries Inc. v Commissioner for Railways (NSW) (1964) 112 CLR 125 – cited Minister for Immigration and Ethnic Affairs v Teoh (1995) 138 CLR 273 – cited M38/2002 v The Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 131– discussed NATB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 761 – cited Plaintiff S157/2002 v Commonwealth (2003) 195 ALR 24 – cited NATB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 807 OF 2003 HEEREY, FINN & CONTI JJ 15 AUGUST 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N807 OF 2003

BETWEEN: NATB

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: HEEREY, FINN & CONTI JJ

DATE OF ORDER: 15 AUGUST 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The applicant have leave to appeal from the judgment given on 18 July 2003. 2. There be an expedited hearing of the appeal. 3. The applicant file and serve a notice of appeal within 14 days. 4. The costs of the motion be costs in the appeal.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.