NAMU of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 999

FEDERAL COURT OF AUSTRALIA

NAMU of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 999

MIGRATION – Notice of Motion seeking order that applicants be released from detention pending determination of appeal – applicants alleged detention unlawful by reason of the impact which the detention has had on applicants' psychiatric condition – s 196 Migration Act 1958 (Cth) – whether detention unlawful PRACTICE AND PROCEDURE – interlocutory injunction – following dismissal of application – following filing of Notice of appeal – general principles – whether original or appellate jurisdiction of Federal Court sought to be exercised – whether single judge had power to entertain Motion pending an appeal to Full Court

Migration Act 1958 (Cth) s 54L, 54N, 54R, 189, 196, 196(3) Judiciary Act 1903 (Cth) s 39B Federal Court of Australia Act 1976 (Cth) s 23, 24(1), 25(1), 25(2), 28(1)(b) Migration Amendment Act 1992 (Cth)

W228 v Minister for Immigration & Multicultural Affairs [2001] FCA 860 referred to Hempel v Moore (1987) 70 ALR 714 considered Bercove v Hermes (No 2) (1983) 51 ALR 105 considered Tuncak v Young (1987) 14 ALD 286 considered Stirling Harbour Services Pty Ltd v Bunbury Port Authority (No 2) [2000] FCA 87 considered Chu Kheng Lim v Minister for Immigration, Local Government & Ethnic Affairs (1992) 176 CLR 1 considered, applied Australian Capital Television Pty Ltd v Commonwealth (1992) 104 ALR 389 applied Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148 referred to Artinian v Commonwealth (1996) ALD 235 referred to

NAMU OF 2002 & ORS v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS & ANOR N 726 OF 2002 HELY J 9 AUGUST 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 726 OF 2002

BETWEEN: NAMU OF 2002