Wong v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 973

FEDERAL COURT OF AUSTRALIA

Wong v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 973

MIGRATION – urgent application for interlocutory order for release from detention – relevance of pending amendments to the Migration Act 1958 (Cth) – balance of convenience – serious question to be tried – non-disclosable material and protected information under the Migration Act 1958 (Cth)

Freedom of Information Act 1982 (Cth)

Judiciary Act 1903 (Cth) – s 39B

Migration Act 1958 (Cth) – s 501(3), s 501C, s 503A

Migration Amendment (Duration of Detention) Bill 2003

Attorney-General (Cth) v Foster (1999) 84 FCR 582

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

Jupp v Computer Power Group Ltd (1994) 122 ALR 711

Meggitt Overseas Ltd v Grdovic (1998) 43 NSWLR 527

Minister for Immigration and Multicultural and Indigenous Affairs v VFAD of 2002 (2002) 196 ALR 111

Preston v Minster for Immigration & Multicultural and Indigenous Affairs [2003] FCA 420

Re Minister for Minerals and Energy; Ex parte Wingate Holdings Pty Ltd [1987] WAR 19

Sydney City Council v Ke-Su Investments Pty Ltd (1985) 1 NSWLR 246

Warramunda Village Inc v Pryde (2002) 116 FCR 58 Wong v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 959 Wong v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 440

WONG TAI SHING v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 297 OF 2003 BENNETT J 16 SEPTEMBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N297 OF 2003

BETWEEN: WONG TAI SHING

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: BENNETT J

DATE OF ORDER: 16 SEPTEMBER 2003