Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Qasim v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1569 MOHAMMAD (PETER) QASIM v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 1977 OF 2003
BRANSON J 22 DECEMBER 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1977 of 2003
BETWEEN: MOHAMMAD (PETER) QASIM
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL
& INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: BRANSON J
DATE OF ORDER: 18 DECEMBER 2003
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application for interlocutory relief be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1977 of 2003
BETWEEN: MOHAMMAD (PETER) QASIM
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: BRANSON J
DATE: 22 DECEMBER 2003
PLACE: SYDNEY
REASONS FOR JUDGMENT
INTRODUCTION 1 The applicant, who claims to be a national of India, has effectively been held in immigration detention since he arrived in Australia without a visa on 9 September 1998. His application for a protection visa was rejected by a delegate of the respondent and by the Refugee Review Tribunal. His application to this Court for judicial review of the decision of the Refugee Review Tribunal was dismissed by consent on 8 August 2000. By an application filed on 17 November 2003 he has sought a declaration that his detention is unlawful and an order directing the respondent to release him. 2 On 18 December 2003 I heard and thereafter dismissed an application for an order that the applicant be released from immigration detention pending the determination of his substantive application. I gave short ex tempore reasons for the dismissal of the application and indicated that if the applicant required written reasons, I would provide them. The Public Interest Advocacy Centre has now requested the provision of written reasons. The following are my reasons for dismissing the application for an interlocutory order that the applicant be released from immigration detention.
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