Taylor v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 592

FEDERAL COURT OF AUSTRALIA

Taylor v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 592 Federal Court of Australia Act 1976 (Cth) s 23 Migration Act 1958 (Cth) ss 501, 501(2) Commonwealth of Australia Constitution Act s 75(5) Halsbury's Laws of Australia [385-130] Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148 considered Ex parte Cowgill; Re Minister for Immigration & Multicultural & Indigenous Affairs (High Court of Australia, Gummow J, 4 April 2003) considered Preston v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 420 followed Morgentaler v Ackroyd (1983) 42 OR(2d) 659 considered Minister for Immigration & Multicultural & Indigenous Affairs v VFAD of 2002 [2002] FCAFC 390 followed Long v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1422 cited NEVILLE TAYLOR v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS W10 of 2002 RD NICHOLSON J 30 MAY 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W10 OF 2002

BETWEEN: NEVILLE TAYLOR

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: RD NICHOLSON J

DATE OF ORDER: 30 MAY 2003

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The respondent is hereby restrained from continuing to detain the applicant until final determination by the Federal Court of his substantive application (Federal Court No. W10/2002) and such restraint is subject to the observance by the applicant of the following conditions: (a) upon his release from detention, he will reside at Lot 121 Howlett Ramble, Argyle, Donnybrook in Western Australia and shall not live elsewhere or amend his contact details without the prior written consent of an officer of the respondent; (b) he will report in person at 10.30am on Tuesday and Friday of each week to the officer in charge, at the Donnybrook Police Station, South Western Highway, Donnybrook in Western Australia; (c) he will report by telephone during working hours on Monday, Wednesday and Thursday (except where this falls on a public holiday) of each week to James Petkov, an officer of the respondent on telephone no. 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; and (d) he personally guarantees to attend: · as required by the Australian Government Solicitor's office after notification to him in writing as much as possible but otherwise by telephone if time does not permit, of when, at what time and for how long, he is required to attend the office of the Department of Immigration and Multicultural and Indigenous Affairs at 411 Wellington Street, Perth on the day judgment is intended to be handed down in relation to his substantive application (Federal Court No. W10/2002). 2. There be liberty to either party to apply for any order, to revoke this order or vary any of the terms of these orders. 3. Costs be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.