Applicant VFAD of 2002 v Minister for Immigration & Multicultural Affairs [2002] FCA 1062

FEDERAL COURT OF AUSTRALIA

Applicant VFAD of 2002 v Minister for Immigration & Multicultural Affairs [2002] FCA 1062

MIGRATION – detention of a non-citizen on the ground that he is an unlawful non-citizen – non-citizen seeks a declaration that he has been granted a visa and is a lawful non-citizen – whether the court has power to make an interlocutory order for the release of the non-citizen – whether it is appropriate for the Court to make an order for release Migration Act 1958 (Cth) ss 29, 65(1), 189(1), 196, 253 and 474 NAAV v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 228 - cited Al Masri v The Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1009 – considered Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (No 3) (1998) 195 CLR 1 – applied Lim v The Minister for Immigration, Local Government and Ethnic Affairs (1992) 176 CLR 1 - considered Tan Te Lam v Superintendent of Tai A Chau Detention Centre [1997] A.C. 97 - cited Minister for Immigration, Local Government and Ethnic Affairs v Msilanga (1992) 34 FCR 169 - applied Peniche v Vanstone (1999) 96 FCR 38 - cited Minister for Immigration, Local Government and Ethnic Affairs v Montero (No 2) (1992) 26 ALD 158 – cited Tuaoi v Minister for Immigration and Multicultural Affairs [1999] FCA 123 – cited Tuiletufuga v Minister for Immigration and Multicultural Affairs [1998] FCA 992 – cited Omar v Minister for Immigration and Multicultural Affairs (1997) 48 ALD 607 – cited Pylka v Minister for Immigration and Multicultural Affairs (1997) 50 ALD 483 – cited Betkhoshabeh v Minister for Immigration and Multicultural Affairs (1999) 162 ALR 658 – cited NAMU of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 999 - distinguished Long v Minister for Immigration and Multicultural Affairs (1999) 53 ALD 366 – cited Halmi v Minister for Immigration and Multicultural Affairs (1999) 57 ALD 411 - cited Minister for Immigration and Ethnic Affairs v Polat (1995) 57 FCR 98 - applied APPLICANT VFAD OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V470 OF 2002 JUDGE: MERKEL J DATE: 27 AUGUST 2002 PLACE: SYDNEY (HEARD IN MELBOURNE)