Haney v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1555

FEDERAL COURT OF AUSTRALIA

Haney v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1555

INTERLOCUTORY APPLICATION - interlocutory application for release of applicant from detention - principles for grant of interlocutory order - balance of convenience - probability of success a relevant factor

Migration Act 1958 (Cth) ss 189, 196, 198 Federal Court of Australia Act 1976 (Cth) s 23

Castlemaine Tooheys Limited v State of South Australia (1986) 161 CLR 148 Minister for Immigration and Multicultural and Indigenous Affairs v Al Masri (2003) 197 ALR 241 Al Khafaji v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1369 Minister for Immigration and Multicultural and Indigenous Affairs v VFAD of 2002 (2002) 196 ALR 111 VFAD of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 194 ALR 304 SHMB v Goodwin (No 2) [2003] FCA 1171 SHFB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 29 MUSLIM HANEY v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS S 839 of 2003 SELWAY J 22 DECEMBER 2003 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 839 OF 2003

BETWEEN: MUSLIM HANEY

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT JUDGE: SELWAY J

DATE OF ORDER: 22 DECEMBER 2003

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application for an interlocutory order for release from detention is dismissed. 2. The applicant to pay the respondent's costs of and relating to that interlocutory application. 3. The application for final orders be listed for hearing on 12 February 2004. 4. Parties be at liberty to file such further affidavits as they shall be advised. 5. Save for order 2 hereof, costs in the cause. 6. Liberty to apply. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.