Johnson v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1104

FEDERAL COURT OF AUSTRALIA

Johnson v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1104 MIGRATION – judicial review – cancellation of visa – applicant in detention – interlocutory release on conditions – applicant to reside with parents – applicant charged with assault of mother while on release – continuing support of parents – bail condition not to contact parents – condition of interlocutory release unable to be met – in any event now inappropriate – interlocutory release order discharged Migration Act 1958 (Cth) Migration Amendment (Duration of Detention) Act 2003 (No 90/2003) SILAS TIMOTHY JOHNSON v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W39 OF 2003 FRENCH J 25 SEPTEMBER 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W39 OF 2003

BETWEEN: SILAS TIMOTHY JOHNSON

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 25 SEPTEMBER 2003

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The orders made on 22 July 2003 releasing the applicant from immigration detention on conditions are discharged. 2. The sum of $1000 paid into court pursuant to those orders is to be repaid to the applicant's father, Peter S. Johnson. 3. There is no order for costs on the motion. 4. The application is listed for further directions on 28 October at 9.30am. 5. There be liberty to apply. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W39 OF 2003

BETWEEN: SILAS TIMOTHY JOHNSON

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT