P1/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1029

FEDERAL COURT OF AUSTRALIA

P1/2003 v Minister for Immigration & Multicultural & Indigenous Affairs

[2003] FCA 1029 MIGRATION – judicial review – claim for interlocutory relief – applicant for protection visa – applicant entered Australia unlawfully by boat – claimed to be minor – removed from Christmas Island to Nauru – brought to Australia under statutory power to appear as witness in coronial inquest – detained while in Australia – statutory designation as 'transitory person' – need of medical treatment – proceedings remitted from High Court of Australia – claims for damages against Minister for Immigration and Multicultural and Indigenous Affairs – claim for orders preventing removal from Australia – challenge to validity of statutory provisions authorising removal to Republic of Nauru – challenge to validity of administrative decision to remove to Nauru – claim for interlocutory relief by way of injunction against removal – claim for interlocutory release from detention – claim for interlocutory order maintaining certain conditions of detention – whether serious questions to be tried – balance of convenience – motion dismissed. Migration Act 1958 (Cth) s 5, s 13, s 14, s 46B, s 196, s 198A, s 198B, s 494AA, s 494AB Judiciary Act 1903 (Cth) s 39B Immigration (Guardianship of Children) Act 1946 (Cth) s 4AAA, s 6, s 6A, Migration Amendment (Duration of Detention) Act 2003 (Cth) Migration Legislation Amendment (Transitional Movement) Act 2002 (Cth) WAJC v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1631 cited P1/2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W156 OF 2003 FRENCH J 26 SEPTEMBER 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W156 OF 2003

On remittal from the High Court of Australia