VHAF v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1243

FEDERAL COURT OF AUSTRALIA

VHAF v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1243

MIGRATION – protection visa – decision record signed by delegate of Minister – undated – not communicated – whether grant of a visa – whether applicant entitled to release from immigration detention – whether Court has jurisdiction in proceeding for declarations that visa granted, applicant a lawful non-citizen since its grant and applicant entitled to release upon its grant – whether applicant has standing – power of Court to order release pending hearing and determination of application – whether balance of convenience favours release – acceptance of undertakings – whether Court should exercise discretion not to order release

Acts Interpretation Act 1901 (Cth) s 15AB Federal Court of Australia Act 1976 (Cth) ss 21, 23 Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 5(1), 13(1), 14(1), 29, 30, 31, 36, 46, 47, 65, 66, 67, 68, 70, 71, 84, 91X, 94, 95, 116(1)(a), 189, 196, 198, 199, 208, 209, 411, 474, 476, 477, 479, 486C, 496, 499 Migration Regulations 1994 (Cth) reg 2.17, Sch 2 items 785 and 866, Sch 4 items 4001, 4002 and 4003 Commonwealth Constitution s 75(v)

Minister for Immigration and Multicultural Affairs v Eshetu [1999] HCA 21 (1999) 197 CLR 611 - applied Goldie v Commonwealth of Australia [2002] FCA 433 - distinguished Minister for Immigration, Local Government and Ethnic Affairs v Msilanga [1992] 34 FCR 169 - cited NAAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 228 - distinguished Semunigus v Minister for Immigration & Multicultural Affairs [2000] FCA 240 - distinguished Singh v Minister for Immigration & Multicultural Affairs [1999] FCA 762 - distinguished Ruddock v Vadarlis [2001] FCA 1329 (2001) 110 FCR 491 - cited Applicant VFAD of 2002 v Minister for Immigration & Multicultural Affairs [2002] FCA 1062 - applied VHAF v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 594 of 2002 JUDGE: GRAY J