Towers, Leslie Edward Milton v Minister for Immigration & Multicultural Affairs [1998] FCA 83

FEDERAL COURT OF AUSTRALIA

MIGRATION LAW - detention pending application to Administrative Appeals Tribunal for review of deportation order - application for review also made to Federal Court of Australia - interlocutory application for release from custody - whether serious question to be tried - whether balance of convenience favoured the granting of interlocutory relief. Migration Act 1958 (Cth) ss 200, 201, 253(9)

Msilanga v Hand (1991) 22 ALD 27 considered Minister for Immigration, Local Government & Ethnic Affairs v Msilanga (1992) 34 FCR 169 applied Halmi v Minister for Immigration and Multicultural Affairs (unreported, Federal Court of Australia, Wilcox J, 29 January 1998) referred to and distinguished

LESLIE EDWARD MILTON TOWERS v. MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

No. WAG 12 of 1998 CARR J PERTH 16 FEBRUARY 1998

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 12 of 1998

GENERAL DIVISION

BETWEEN: LESLIE EDWARD MILTON TOWERS

Applicant

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Respondent

JUDGE(S): CARR J DATE OF ORDER: 16 FEBRUARY 1998 WHERE MADE: PERTH

MINUTE OF ORDERS

THE COURT ORDERS THAT: 1. Until further order, the operation of: (a) the decision made by the respondent on or about 23 January 1998 to detain the applicant; and (b) the decision made by the respondent on or about 30 January 1998 not to order the release of the applicant, be suspended. 2. Such things are to be done as are necessary to effect the applicant's release from immigration detention as soon as reasonably possible. AND IT IS FURTHER ORDERED (THE APPLICANT CONSENTING THERETO) THAT: 3. During the currency of the suspensions referred to above the applicant shall: (a) report to the respondent forthwith his current place of residence and, if he changes his residence, report that fact to the respondent before doing so;