NAGA v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 460

FEDERAL COURT OF AUSTRALIA

NAGA v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 460

MIGRATION – detention of unlawful non-citizens – application for orders in the nature of a writ of habeas corpus – where continued detention of applicant unlawful where no real prospect of removal in the reasonably foreseeable future – interlocutory relief granted Migration Act 1958 (Cth) ss 196, 198 Al Masri v Minister for Immigration & Multicultural & Indigenous Affairs (2002) 192 ALR 609 cited Minister for Immigration & Multicultural & Indigenous Affairs v Al Masri [2003] FCAFC 70 applied NAGA v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 224 cited NAGA v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

N1353 OF 2002

NAGB v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

N1354 OF 2002

NAGC v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

N1355 OF 2002

NAGD v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

N1356 OF 2002

NAGE v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

N1357 OF 2002

NAGF v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

N1358 OF 2002 EMMETT J 17 APRIL 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

N1353 OF 2003 BETWEEN: NAGA

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 17 APRIL 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. the Minister for Immigration & Multicultural & Indigenous Affairs cause the applicant to be released from detention forthwith; 2. within 24 hours of the applicant's release from detention the applicant by his solicitor give notice in writing to Hervée Dejean at the Australian Government Solicitor, Level 23, 133 Castlereagh Street, Sydney 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; 3. in the event that the applicant receives notice in writing from the Australian Government Solicitor or an officer of the Department of Immigration and Multicultural and Indigenous Affairs ('DIMIA') as to the arrangements made for his removal from Australia in accordance with s 198 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 removal and in the event of specific arrangements being made for his removal from Australia at a specified time, he shall submit to the custody of the respondent for that purpose; 4. the applicant report to DIMIA in person two week days per week and by telephone on the other three week days per week between the hours of 9.00 am and 5.00 pm, or at a police station or any other place to be agreed between the parties by their solicitors on a daily basis between the hours of 9.00 am and 5.00 pm, or in such other manner as the parties by their solicitors may agree; 5. the applicant attend in person any hearing in the Federal Court of Australia or in the High Court of Australia appointed by the Court for the purpose of making orders 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 the Applicant is not then residing, he may so attend by attending the Registry of the Court before which any such application is listed in the capital city in which he is then residing or nearest to the capital city in which he is then residing and if he is not then residing in a capital city, provided he is provided by the respondent at the time of notification with reasonable transport and accommodation expenses to travel to such capital city and remain there during any such hearing; 6. liberty to either party to apply or vary or discharge this order, including as to the reporting requirements in order 4 hereof; 7. the respondent file and serve no later than 9 May 2003 any further affidavits on which he wishes to rely in the proceeding together with any affidavits on which he wishes to rely in support of any application to reopen in order to rely on those first affidavits; 8. the proceeding be listed for directions on 16 May 2003. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.