Chan Ta Srey v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1209

FEDERAL COURT OF AUSTRALIA

Chan Ta Srey v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1209

MIGRATION – application for release from detention pending determination of substantive application – whether release necessary to secure the effectiveness of the process of the hearing and the determination of the substantive proceeding – whether a marked balance convenience demonstrated

Migration Act 1958 (Cth) ss 66(2)(d)(ii), 66(4) Migration Regulations 1994(Cth) Reg 5.03 Minister for Immigration and Multicultural Affairs v Madafferi (2001) 106 FCR 76, [2001] FCA 250, referred to

Madafferi v Minister for Immigration and Multicultural Affairs [2001] FCA 320, referred to

Bullock v The Federated Furnishing Trade Society of Australasia (1985) 5 FCR 464, applied

Minister for Immigration and Multicultural Affairs v Singh (2000) 98 FCR 77, [2000] FCA 377, cited

Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355, referred to

A v Pelekanakis (1999) 91 FCR 70, [1999] FCA 236, referred to

CHAN TA SREY v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V936 OF 2003 MARSHALL J 29 OCTOBER 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V936 OF 2003

BETWEEN: CHAN TA SREY

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MARSHALL J

DATE OF ORDER: 29 OCTOBER 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The applicant's motion dated 23 October 2003 be dismissed. 2. The applicant pay the respondent's costs of the motion. 3. The applicant file and serve contentions of fact and law on or before 14 November 2003, and not later without leave of the Court. 4. The respondent file and serve contentions of fact and law on or before 28 November 2003, and not later without leave of the Court. 5. The trial be listed for 10.15 am on 2 December 2003. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.