Pylka, Moses Shane v Minister for Immigration & Multicultural Affairs [1997] FCA 1503

FEDERAL COURT OF AUSTRALIA

IMMIGRATION - Detention pending appeal against deportation order - Interlocutory application for release from custody

ADMINISTRATIVE LAW - Failure to take into account a relevant consideration - Evidence before Tribunal

Migration Act 1958 (Cth), s 253(9) Minister for Immigration, Local Government & Ethnic Affairs v Msilanga (1992) 34 FCR 169, applied. Srokowski v Minister for Immigration, Local Government & Ethnic Affairs (1988) 15 ALD 775, distinguished. Sean Investments Pty Ltd v MacKellar (1991) 38 ALR 363, applied. General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125, applied. PYLKA v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS and Anor No VG695 of 1997 JUDGE: NORTH J PLACE: MELBOURNE DATE: 23 DECEMBER 1997

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG695 of 1997

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

RE: RUDDOCK and whitmore;

Ex parte pylka

BETWEEN MOSES SHANE PYLKA

Applicant

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

and TRISH WHITMORE

RespondentS

JUDGE: NORTH J

DATE OF ORDER: 23 DECEMBER 1997

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The application for an interim injunction is dismissed. 2. The application for the issue of writs of habeas corpus, prohibition, certiorari and mandamus and the application made under the Administrative Decisions (Judicial Review) Act 1977 (Cth) are both dismissed. 3. The question of costs is reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG695 of 1997

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

rE: RUDDOCK and whitmore;