Cisinski v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1652

FEDERAL COURT OF AUSTRALIA

Cisinski v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1652

MIGRATION – detention of an unlawful non-citizen pending deportation – whether interlocutory orders should be granted for release from detention – delay in executing deportation order – whether arguable case that no real likelihood or prospect of removal in the reasonably foreseeable future Migration Act 1958 (Cth) ss 200, 253 Federal Court of Australia Act 1976 (Cth) s 23 Minister for Immigration & Multicultural & Indigenous Affairs v VFAD (2002) 125 FCR 249 cited KASCHIMIER CISINSKI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W317 of 2003 LEE J 20 DECEMBER 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W317 OF 2003

BETWEEN: KASCHIMIER CISINSKI

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: LEE J

DATE OF ORDER: 20 DECEMBER 2002

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The applicant is to be released from detention until further order and subject to compliance with each of the conditions set out below: 1.1 Within 24 hours of Mr Cisinski's release from detention, Mr Cisinski give notice in writing to his solicitors, Christie & Strbac, Level 2 Law, 524 Hay Street Perth, Western Australia 6000 and to Mr Peter Corbould at the Australian Government Solicitor, 2 The Esplanade, Perth, Western Australia of his address and contact details and thereafter notify forthwith his solicitors and the Australian Government Solicitor at the above address of any change of address and contact details. 1.2 In the event that Mr Cisinski receives notice in writing from the Australian Government Solicitor or an officer of the Department of Immigration and Multicultural Affairs (DIMIA) as to arrangements made for his deportation from Australia pursuant to s 200 of the Migration Act 1958 (Cth) he shall take all reasonable steps in his power to comply with those arrangements in order to facilitate his deportation and, in the event of a specific arrangements being made for his deportation from Australia at a specified time, that he submit to the custody of the respondent for that purpose. 1.3 In the event that Mr Cisinski receives any request in writing from the Australian Government Solicitor or an officer of DIMIA to complete any documents to facilitate his deportation, that he promptly complete and submit to any department of the Australian Government any application or applications for travel documents as the respondent reasonably considers may facilitate his deportation from Australia. 1.4 Mr Cisinski report in person to the Albany Police Station or any other place to be agreed between the parties by their solicitors on Monday, Wednesday and Saturday each week and by telephone to an office of the Compliance Section of DIMIA on every other week day between the hours of 9.00 am and 5.00 pm, or in such other manner as the parties by their solicitors may agree. 1.5 Mr Cisinski attend in person any hearing in the Federal Court of Australia or in the High Court of Australia of which he is given reasonable notice in writing by the Australian Government Solicitor, provided that, if such attendance is required at a city in which Mr Cisinski is not residing he may so attend by attending the Registry of the Court before which any such application is listed for hearing in the capital city in which he is then residing or nearest to where he is then residing. 2. There be liberty to apply. 3. Costs be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.