Johnson v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 758

FEDERAL COURT OF AUSTRALIA

Johnson v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 758 MIGRATION – cancellation of visa under s 501 of the Migration Act 1958 (Cth) – want of good character – New Zealand citizen resident in Australia since 1981 – lengthy criminal record – cancellation of visa – application for constitutional writs and other relief – applicant contends he is neither immigrant nor alien – beyond constitutional reach of s 501 and detention provision s 196 – motion for interlocutory release of applicant pending hearing and determination of application – test for grant of interlocutory relief – risk of wrongful deprivation of liberty – considerations personal to applicant – interlocutory release ordered – further claim for interlocutory order permitting applicant to work during release – claim for order restraining prosecution for working during release – want of power in court to make such an order.

Migration Act 1958 (Cth) s 501(2), s 501(6), (7) Federal Court of Australia Act 1976 (Cth) s 23

Re Patterson; Ex parte Taylor (2001) 207 CLR 391 cited Nolan v Minister for Immigration and Ethnic Affairs (1988) 165 CLR 178 cited Re Minister for Immigration and Multicultural Affairs; Ex parte Te and Dang (2002) 193 ALR 37 cited Long v Minister for Immigration, Multicultural & Indigenous Affairs [2002] FCA 1422 cited Minister for Immigration & Multicultural & Indigenous Affairs v VFAD (2002) 196 ALR 111 cited Preston v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 420 cited Cowgill, Ex parte Minister for Immigration and Multicultural and Indigenous Affairs, unrep P100/2002, 4 April 2003 cited Castlemaine Tooheys Ltd v State of South Australia (1986) 161 CLR 148 cited Crane v Gething (2000) 97 FCR 9 cited Commonwealth v Sterling Nicholas Duty Free Pty Ltd (1972) 126 CLR 297 cited SILAS TIMOTHY JOHNSON v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W39 OF 2003 FRENCH J 22 JULY 2003 PERTH