Nguyen v Minister for Immigration & Multicultural Affairs [2001] FCA 951

FEDERAL COURT OF AUSTRALIA

Nguyen v Minister for Immigration & Multicultural Affairs [2001] FCA 951 MIGRATION – decision to detain applicant set aside for want of natural justice – date from which decision should be set aside – date of decision or date of order.

Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 8, 16(1). Judiciary Act 1903 (Cth), s 39B(1). Migration Act 1958 (Cth), s 209.

Re Refugee Tribunal; Ex parte Aala (2000) 75 ALJR 52, cited. Corporation of the City of Enfield v Development Assessment Commission (2000) 199 CLR 135, cited. Forbes v New South Wales Trotting Club Ltd (1979) 143 CLR 242, cited. Minister for Immigration and Ethnic Affairs v Taveli (1990) 23 FCR 162, cited. Park Oh Ho v Minister for Immigration & Ethnic Affairs (1989) 167 CLR 637, distinguished. VAN NGOC NGUYEN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 834 of 2000 SACKVILLE J SYDNEY 20 JULY 2001

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 834 OF 2001

BETWEEN: VAN NGOC NGUYEN

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: SACKVILLE J

DATE OF ORDER: 20 JULY 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The detention decision (as described in Order 2 of the Orders dated 11 July 2001) be set aside as from 15 March 2001. 2. Each party bear his own costs in respect of the proceedings, including any interlocutory proceedings. 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 834 OF 2001

BETWEEN: VAN NGOC NGUYEN

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: SACKVILLE J

DATE: 20 JULY 2001