NAKG OF 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 997

FEDERAL COURT OF AUSTRALIA

NAKG of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 997

MIGRATION – claim for interlocutory relief seeking the transfer of the applicant from Port Hedland to Villawood Immigration Reception and Processing Centre for the purpose of instructions being taken by the applicant's solicitor – suitability of video link technology for the purpose of taking instructions – 'need' for an interpreter and pro bono counsel as factors in the exercise of the Court's discretion - power of the Court to order the transfer - substantive action involves a challenge to constitutional validity of s196 of the Migration Act. WORDS & PHRASES - "immigration detention" Migration Act 1958(Cth), ss 196, 48B, 256 and s417 Federal Court Rules O 10, O 33 r 15 Le v Minister for Immigration & Ethnic Affairs (1994) 53 FCR 27

Kucuk v Minister for Immigration & Multicultural Affairs [2001] FCA 535

Salehi v Minister for Immigration & Multicultural Affairs [2001] FCA 995 Versace v Monte [2001] FCA 1454 NAKG OF 2002 v Minister for Immigration & Multicultural & Indigenous Affairs N512 of 2001 JACOBSON J 9 AUGUST 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 512 of 2002

BETWEEN: NAKG of 2002

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

THE COMMONWEALTH OF AUSTRALIA

SECOND RESPONDENT

JUDGE: JACOBSON J

DATE OF ORDER: 9 AUGUST 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for interlocutory relief claimed in par B1 of the application be dismissed. 2. Reserve liberty to apply to apply on 72 hours' notice. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.