George v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 431

FEDERAL COURT OF AUSTRALIA

George v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 431 Migration Act 1958 (Cth) ss 501, 501(2), 501(3), 501(5)

Osborne v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1113 Wang v Minister for Immigration & Multicultural Affairs [2002] FCA 167 NAAV v Minister for Immigration & Multicultural & Indigenous Affairs (2002) 193 ALR 449 Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 GAVIN SEAN GEORGE v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS W321 of 2002 RD NICHOLSON J 29 APRIL 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W321 OF 2002

BETWEEN: GAVIN SEAN GEORGE

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: RD NICHOLSON J

DATE OF ORDER: 29 APRIL 2003

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. Upon the applicant's undertaking dated 28 April 2003 and his thereafter complying with the terms of such undertaking, 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. Costs be reserved. 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 W321 of 2002

BETWEEN: GAVIN SEAN GEORGE

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT