NAFC v Minister for Immigration & Multicultural & Indigenous Affairs (No 3) [2003] FCA 13

FEDERAL COURT OF AUSTRALIA

NAFC v Minister for Immigration & Multicultural & Indigenous Affairs (No 3) [2003] FCA 13

NAFC v MINISTER FOR IMMIGRATION & MULTICULTURAL

& INDIGENOUS AFFAIRS N 1293 OF 2002 LINDGREN J 13 JANUARY 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1293 OF 2002

BETWEEN: NAFC

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL

& INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: LINDGREN J

DATE OF ORDER: 13 JANUARY 2003

WHERE MADE: SYDNEY

UPON THE RESPONDENT'S UNDERTAKING TO THE APPLICANT AND TO THE COURT: THAT on the hearing of the appeal in proceeding N 1409 of 2002: (a) the respondent will not take the point that the applicant has already been removed from Sydney; and, accordingly (b) the respondent will agree that in all respects the merits of the appeal are to be determined as if the applicant had not been removed from Sydney and had remained in detention at the Immigration Detention Centre, Villawood; and THAT if the applicant's appeal in proceeding N 1409 of 2002 succeeds on the merits, the respondent will return the applicant to the Immigration Detention Centre, Villawood as soon as practicable following the Court's delivery of reasons for judgment favourable to the applicant on the appeal, without charging to the applicant any of the costs of his removal from that Centre or return to that Centre:

THE COURT ORDERS THAT: 1. The injunction ordered on 24 December 2002, as varied on 7 January 2003, be dissolved with effect from 5.00 pm on Friday 17 January 2003. 2. The costs of the applicant's motion brought by notice of motion filed on 19 December 2002 be reserved, pending determination of the appeal in proceeding N 1409 of 2002. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.