WADX v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 552

FEDERAL COURT OF AUSTRALIA

WADX v Minister for Immigration & Multicultural & Indigenous Affairs

[2003] FCA 552

MIGRATION – unlawful non-citizen – in migration detention – failed applicant for protection visa – administrative and judicial review processes exhausted – apprehended removal from Australia to Iran – claim that life and liberty threatened – alleged apprehended breach of non-refoulement obligation under Article 33 of Refugee Convention – whether obligation affects construction of removal power in s 198(6) of the Migration Act – decision on similar issue reserved in Full Court – interlocutory restraint on removal claimed – balance of convenience favouring applicant – arguable case - injunction

M38/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 458 WADX v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W127 OF 2003 FRENCH J 29 MAY 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W127 OF 2003

BETWEEN: WADX

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 29 MAY 2003

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The respondent is restrained from removing the applicant from Australia until the hearing and determination of the application or further order. 2. The trial of the application will be on affidavit. 3. The trial is set down provisionally on 4 July 2003. 4, The application is relisted for directions on 13 June 2003 at 9.45am. 5. There is liberty to apply. 6. Costs today 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 W127 OF 2003

BETWEEN: WADX