Challoner v Minister for Immigration & Multicultural Affairs (No. 2) [2000] FCA 1601

FEDERAL COURT OF AUSTRALIA

Challoner v Minister for Immigration & Multicultural Affairs (No 2) [2000] FCA 1601 BARRY WILLIAM CHALLONER v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Q 138 OF 2000 DRUMMOND J 6 NOVEMBER 2000 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 138 OF 2000

BETWEEN: BARRY WILLIAM CHALLONER

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: DRUMMOND J

DATE OF ORDER: 6 NOVEMBER 2000

WHERE MADE: BRISBANE

THE COURT ORDERS BY CONSENT THAT:

1. The Minister, by his officers, servants and agents, be restrained until the final determination of the application or further earlier order from giving effect to the decision cancelling the applicant's electronic travel authority ("ETA") visa to the extent that the decision would otherwise have permitted the Minister to remove the applicant from Australia, and to the extent that the decision would otherwise have required the applicant to be kept in immigration detention.

THE COURT FURTHER ORDERS THAT:

2. The hearing date set for 2.15 pm on Tuesday, 7 November 2000 be vacated.

3. The matter be adjourned to the Deputy District Registrar to fix a new hearing date.

4. The parties confer with the Deputy District Registrar tomorrow, Tuesday, 7 November 2000, with a view to obtaining that date.

5. A copy of these reasons be forwarded by the Deputy District Registrar to the Secretary to the Minister of Immigration and Multicultural Affairs.

6. The parties have liberty to apply.

7. The respondent pay the applicant's costs of the hearing this morning and this evening.

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

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 138 OF 2000