SHMB v Goodwin (No 2) [2003] FCA 1171

FEDERAL COURT OF AUSTRALIA

SHMB v Goodwin (No 2) [2003] FCA 1171 SHMB v PHILLIPPA GOODWIN, FIRST ASSISTANT SECRETARY, UNAUTHORISED ARRIVALS AND DETENTION DIVISION, DEPARTMENT FOR IMMIGRATION, MULTICULTURAL AND INDIGENOUS AFFAIRS & JULIE HELEN KEENAN, ACTING DIRECTOR OF THE UNAUTHORISED ARRIVALS SECTION IN THE UNAUTHORISED ARRIVALS AND DETENTION SERVICES BRANCH OF THE DEPARTMENT FOR IMMIGRATION, MULTICULTURAL AND INDIGENOUS AFFAIRS & MINISTER FOR IMMIGRATION, MULTICULTURAL & INDIGENOUS AFFAIRS S 411 of 2003 MANSFIELD J 3 OCTOBER 2003 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 411 OF 2003

BETWEEN: SHMB

APPLICANT

AND: PHILLIPPA GOODWIN, FIRST ASSISTANT SECRETARY, UNAUTHORISED ARRIVALS AND DETENTION DIVISION, DEPARTMENT FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

JULIE HELEN KEENAN, ACTING DIRECTOR OF THE UNAUTHORISED ARRIVALS SECTION IN THE UNAUTHORISED ARRIVALS AND DETENTION SERVICES BRANCH OF THE DEPARTMENT FOR IMMIGRATION MULTICULTURAL AND INDIGENOUS AFFAIRS

SECOND RESPONDENT

MINISTER FOR IMMIGRATION, MULTICULTURAL AND INDIGENOUS AFFAIRS

THIRD RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 3 OCTOBER 2003

WHERE MADE: ADELAIDE

THE COURT ORDERS ON AN INTERLOCUTORY BASIS THAT: 1. Pursuant to Section 39B of the Judiciary Act 1903 (Cth) the Minister for Immigration & Multicultural & Indigenous Affairs (MIMIA) cause the applicant to be released from detention forthwith. 2. Within 24 hours of the applicant's release from detention the applicant give notice in writing to his solicitors Hamdan Lawyers, 32 Gosfield Crescent, Hampstead Gardens, South Australia 5086 and to Mr Rodger Prince at the Australian Government Solicitor, Level 20, 25 Grenfell Street, Adelaide, South Australia of his address and contact details and thereafter notify forthwith his solicitors and the Australian Government Solicitor at the above addresses of any change of address and contact details. 3. In the event that the applicant receives notice in writing from the Australian Government Solicitor or an officer of the Department of Immigration & Multicultural & Indigenous Affairs (DIMIA) as to the arrangements made for his removal from Australia in accordance with s 198 of the Migration Act 1958 (Cth) he shall take all reasonable steps in his power to comply with those arrangements in order to facilitate his removal, and in the event of specific arrangements being made for his removal from Australia at a specified time that he submit to the custody of the respondent for that purpose. 4. In the event that the applicant receives any request in writing from the Australian Government Solicitor or an officer of the DIMIA to complete any documents to facilitate his removal that he promptly complete and submit to any department of the Australian Government any application or applications for travel documents as the respondent reasonably considers may facilitate his removal from Australia. 5. The applicant report each week day to DIMIA at 55 Currie Street, Adelaide, South Australia between the hours of 9.00 am and 5.00 pm and on each of each weekend to the South Australian Police at a Police Station to be agreed between the parties by their solicitors. The parties may agree in writing, through their solicitors, to variations to these reporting arrangements. 6. The applicant attend in person the hearing in the Federal Court of Australia at 2.15 pm 13 October 2003 and any hearing in the Federal Court of Australia or in the High Court of Australia of which he is given reasonable notice in writing by the Australian Government Solicitor provided that, if such attendance is required at a city in which the Applicant is not then residing he may so attend by attending the Registry of the Court before which any such application is listed for hearing in the capital city in which he is then residing or nearest to the capital city in which he is then residing, and if he is not then residing in a capital city, provided he is provided by the respondent at the time of notification with reasonable transport and accommodation expenses to travel to such capital city and remain there during any such hearing. 7. Costs of this interlocutory application be costs in the cause. 8. Liberty to either party to apply to vary or discharge this order, including as to the reporting requirements in order 5 hereof. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.