WAJC v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1631

FEDERAL COURT OF AUSTRALIA WAJC v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1631 MIGRATION – judicial review – claim for interlocutory relief - applicant for protection visa – applicant entered Australia unlawfully by boat – claimed to be minor – removed from Christmas Island to Nauru – brought to Australia under statutory power to appear as witness in coronial inquest – kept in detention while in Australia – statutory designation as "transitory person" – need of medical treatment – whether consent by Minister for removal from Christmas Island to Nauru a condition of the power of removal – relief claimed in relation to detention of applicant and guardianship – whether court has jurisdiction to entertain applications – jurisdiction barred by ss 494AA and 494AB of Migration Act 1958 – application dismissed. Migration Act 1958 (Cth) s 198A, s 494AA, s494AB Immigration (Guardianship of Children) Act 1946 s 6, s 6A Applicants WAIV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1186 cited WAJC v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W352 OF 2002 FRENCH J 23 DECEMBER 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY OF 2002

BETWEEN: WAJC

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: The application is dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY OF 2002

BETWEEN: WAJC

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS