WAIS v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1625

FEDERAL COURT OF AUSTRALIA WAIS v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1625

MIGRATION - detention – mandatory detention of unlawful non-citizen pending removal from Australia – whether detention unlawful when no real likelihood or prospect of removal in reasonably foreseeable future – duty to remove as soon as reasonably practicable following written request for removal – whether request for removal may be conditioned – whether issues relevant to application for protection visa may inform such conditioning or withholding of consent to return to particular countries

Migration Act 1958 (Cth) s 5, s 189, s 195, s 196, s 198

Al Masri v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 192 ALR 609 discussed Vo v Minister for Immigration and Multicultural Affairs (2000) 98 FCR 371 cited Perez v Minister for Immigration & Multicultural Affairs [2002] FCA 450 cited R v Governor of Durham Prison; Ex parte Hardial Singh [1984] 1 WLR 704 cited Tan Te Lam v Superintendent of Tai A Chau Detention Centre [1997] AC 97 cited Potter v Minahan (1908) 7 CLR 277 cited Bropho v State of Western Australia (1990) 171 CLR 1 cited Coco v R (1994) 179 CLR 427 cited Al Khafaji v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1369cited WAIS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W272 of 2002 FRENCH J 23 DECEMBER 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W272 OF 2002

BETWEEN: WAIS

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 23 DECEMBER 2002

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant is to pay the respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.