NAGA v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 559

FEDERAL COURT OF AUSTRALIA

NAGA v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 559

MIGRATION – detention of unlawful non-citizens – application for orders in the nature of a writ of habeas corpus – whether final orders to be made – where continued detention of applicant unlawful where no real prospect of removal in the reasonably foreseeable future – where interlocutory relief granted – where application for special leave to appeal to High Court from Full Court decision

Judiciary Act 1903 (Cth) Migration Act 1958 (Cth)

Minister for Immigration & Multicultural & Indigenous Affairs v Al Masri [2003] FCAFC 70 cited NAGA v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 224 cited NAGA v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 460 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 16 MAY 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1353 OF 2002

BETWEEN: NAGA

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 16 MAY 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. the proceeding be stood over for further directions generally on 19 December 2003 at 9.30 am before Emmett J. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.