Tuiletufuga, Faleata v Immigration & Multicultural Affairs [1998] FCA 992

FEDERAL COURT OF AUSTRALIA MIGRATION – detention pending application to Administrative Appeals Tribunal for review of deportation order – application to set aside both decision to detain applicant and decision not to order applicant's release – interlocutory application for release from custody – whether serious question to be tried – whether balance of convenience favours granting of interlocutory relief – discussion of interaction of ss 253 and 254 of the Migration Act 1958 (Cth). Migration Act 1958 (Cth), ss 200, 201, 253, 254, 475, 485 Judiciary Act 1903 (Cth), s 39B Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 5, 11(1)(c), 15, 19 Federal Court of Australia Act 1976 (Cth), s 23 Minister for Immigration, Local Government and Ethnic Affairs v Msilanga (1992) 34 FCR 169, cited Whittaker v The Secretary of the Department of Immigration and Multicultural Affairs (Lehane J, 16 September 1997, unreported),cited Pylka v Minister for Immigration and Multicultural Affairs (North J, 23 December 1997, unreported), cited Towers v Minister for Immigration and Multicultural Affairs (Carr J, 16 February 1998, unreported), cited Halmi v Minister for Immigration and Multicultural Affairs (Wilcox J, 29 January 1998, unreported), cited FALEATA TUILETUFUGA v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

NG 719 of 1998

LEHANE J

SYDNEY

19 AUGUsT 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 719 of 1998

BETWEEN: FALEATA TUILETUFUGA

Applicant

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: LEHANE J

DATE OF ORDER: 19 AUGUST 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for interlocutory relief is refused. 2. The application is set down for final hearing at 10.15am on 29 September 1998 before me. 3. The applicant is to file and serve, not later than 15 September 1998, any further evidence upon which he wishes to rely and an outline of his submissions on the final hearing. 4. The respondent is to file and serve, not later than 22 September 1998, any further evidence upon which he wishes to rely and an outline of his submissions on the final hearing. 5. The parties have liberty to apply on three days' notice. 6. The costs of the interlocutory hearing, and of the proceedings on 11 August, are reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.