Nguyen v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 395

FEDERAL COURT OF AUSTRALIA

Nguyen v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 395 Administrative Appeals Tribunal Act 1975 (Cth) s 43(2B) Federal Court of Australia Act 1976 (Cth) s 23 Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 196 Minister for Immigration & Multicultural & Indigenous Affairs v VFAD [2002] FCAFC 390 Wan v Minister for Immigration & Multicultural Affairs (2001) 107 FCR 133 NGUYEN VAN SON v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS W342 of 2002 RD NICHOLSON J 3 APRIL 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W342 OF 2002

BETWEEN: NGUYEN VAN SON

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: RD NICHOLSON J

DATE OF ORDER: 3 APRIL 2003

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. Subject to the Applicant undertaking to comply and thereafter complying with the terms of such undertaking as may be required by the Court, the Respondent whether by his servants, agents or howsoever otherwise, be restrained from continuing to detain the Applicant in immigration detention under the Migration Act pending the hearing of this Application or until further order. 2. The Respondent be restrained from removing the Applicant from Australia pending the hearing of this Appeal or until further order. 3. Orders to be held in the Court until the Registry is advised in writing by or behalf of the AGS of compliance with condition 5 of the Applicant's undertaking dated 2 April 2003. 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 W342 OF 2002

BETWEEN: NGUYEN VAN SON

APPLICANT