WACM v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1534

FEDERAL COURT OF AUSTRALIA

WACM v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1534

MIGRATION - interlocutory injunction to prevent the removal of the applicant from Australia - discharge in light of the decision of the Full Court in NATB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 292 and refusal of special leave in M38/2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 199 ALR 290

Migration Act 1958 (Cth) s 198(6)

M38/2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 199 ALR 290 NATB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 761; [2003] FCAFC 292 SAAK v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 921 WACM v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W 117 of 2003 SELWAY J 19 DECEMBER 2003 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 117 OF 2003

BETWEEN: WACM

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: SELWAY J

DATE OF ORDER: 19 DECEMBER 2003

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. All orders made by me on 22 August 2003 are vacated. 2. The applicant is to pay the costs of the respondent in relation to the grant of the orders made on 22 August 2003 and the vacation of those orders. 3. Adjourn the strike out application until 16 January 2004 at 10.15am. 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 W 117 OF 2003

BETWEEN: WACM

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS