VKAC v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 483

FEDERAL COURT OF AUSTRALIA

VKAC v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 483 MIGRATION – detention - mandatory detention of an unlawful non-citizen – application by non-citizen to review Minister's decision to cancel her visa – application for removal from Australia – whether no real likelihood or prospect of removal in the reasonably foreseeable future – whether interlocutory orders should be granted for release from detention – whether application for review of respondent's decision precludes release when application also made for removal Migration Act 1958 (Cth) ss 189, 196, 196(1)(a), 196(1)(c), 196(3), 198, 198(1), 474, 501, 501G, 501G(1)(e), 501(2), 501(6), 501(7) Judiciary Act 1903 (Cth) s 39B Federal Court of Australia Act 1976 (Cth) s 23 Minister for Immigration & Multicultural & Indigenous Affairs v VFAD (2002) 196 ALR 111 approved Minister for Immigration & Multicultural Affairs v W157/00A [2002] FCAFC 281 cited Al Masri v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1009 cited Al Khafaji v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1369 cited Minister for Immigration & Multicultural & Indigenous Affairs v Al Masri (2003) 197 ALR 241 applied VKAC v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS V761 of 2002 RD NICHOLSON J 19 MAY 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY V761 OF 2002

BETWEEN: VKAC

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: RD NICHOLSON J

DATE OF ORDER: 19 MAY 2003

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The respondent, by his servants or agents, be restrained from detaining the applicant pending the hearing and determination of this action. 2. Upon her release, the applicant will reside in suburban Perth, Western Australia at the address made known to the Court by her counsel. 3. In the event of any proposed change of her address and contact details, she will give 48 hours prior notice in writing to her solicitors, S C Nigam, 17th Floor, International House, 26 St George's Terrace, Perth, Western Australia 6000 and to Ms Teresa Ling at the Australian Government Solicitor, Level 19, 2 The Esplanade, Perth, Western Australia, 6000 of her intended address and contact details. 4. The applicant will report in person to the office of the Department of Immigration and Multicultural and Indigenous Affairs at 411 Wellington Street, Perth in the State of Western Australia on Tuesdays of each week during ordinary working hours excluding only public holidays to any officer or such officers as may be designated by the respondent or his solicitors. 5. The applicant will report by telephone during working hours on Mondays, Wednesdays, Thursdays and Fridays to James Petcov an officer of the respondent on telephone 9415 9164 or to such other named officer or officers at the Wellington Street office of the Department of Immigration and Multicultural and Indigenous Affairs as may be required excluding only public holidays. 6. The applicant will not leave the Perth metropolitan area at any time without first obtaining the written consent of an officer of the respondent. 7. There be liberty to either party to apply to revoke these orders or vary any of the terms of these orders. 8. Costs of the motion be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.