Li v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 667

FEDERAL COURT OF AUSTRALIA

Li v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 667 MIGRATION – applicant an unlawful non-citizen injured while in immigration detention –whether orders should be made restraining his removal from Australia – whether the applicant unfit to travel – whether pendency of civil proceedings justifies restraining removal. Judiciary Act 1903 (Cth), s 39B(1) Migration Act 1958 (Cth), ss 198(5), 474 Federal Court of Australia Act 1976 (Cth), s 23 Human Rights and Equal Opportunity Commission Act 1986 (Cth), s 46PP(1) Yan Li v Minister for Immigration and Multicultural Affairs [2001] FCA 1414, followed. He v Minister for Immigration and Multicultural Affairs [2001] FCA 1368, cited. LIANG WEI LI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS & ANOR N 428 of 2002 SACKVILLE J SYDNEY 27 MAY 2002

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 428 OF 2002

BETWEEN: LIANG WEI LI

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

AUSTRALIAN CORRECTIONAL MANAGEMENT PTY LTD

SECOND RESPONDENT

JUDGE: SACKVILLE J

DATE OF ORDER: 27 MAY 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for interlocutory relief be dismissed. 2. The applicant pay the first respondent's costs of the application for interlocutory relief. 3. No order for costs as between the applicant and the second respondent. 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 428 OF 2002

BETWEEN: LIANG WEI LI

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS