Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Kopiev v Minister for Immigration & Multicultural Affairs [2000] FCA 1831 IMMIGRATION – application for summary dismissal by reason of applicant's non-appearance – applicant removed from Australia after proceedings were instituted but prior to hearing – whether removal of applicant as unlawful non-citizen was permitted – whether applicant's right to claim in respect of allegedly unlawful detention should be preserved. Migration Act 1958 (Cth), ss 13(1), 48B, 75, 116, 189, 192, 195, 198, 417, 476, 482. Acts Interpretation Act 1901 (Cth), s 33(3). Federal Court Rules, O 10 r 3(2). Migration Regulations (Cth), reg 2.24.
Lockwood v Commonwealth (1953) 90 CLR 177, cited. Attorney-General (NSW) v Ray (1989) 90 ALR 264, referred to. Singh Dhillon v Mahoney (unreported, Sheppard J, 9 October 1986), cited. Re Minister for Immigration and Multicultural Affairs; Ex parte SE (1998) 158 ALR 735, cited.
Explanatory Memorandum, Migration Reform Bill 1992 (Cth).
IAROSLAV KOPIEV v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1052 of 2000 SACKVILLE J 15 DECEMBER 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1052 OF 2000
BETWEEN: IAROSLAV KOPIEV
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: SACKVILLE J
DATE OF ORDER: 15 DECEMBER 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed, without prejudice to any claim the applicant may bring in respect of his detention at any time during the period 26 June 2000 until 16 October 2000. 2. There be no order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1052 OF 2000
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