Rahmatullah v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1573

FEDERAL COURT OF AUSTRALIA

Rahmatullah v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1573

MIGRATION -application for release of applicant from detention - whether detention unlawful - whether a real likelihood or prospect of removal of applicant from Australia in the reasonably foreseeable future - whether lack of co-operation by applicant in facilitating removal

Migration Act 1958 (Cth) ss 189, 196, 198

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 WAIS v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1625 SPKB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1116 NATB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 292 M38/2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 199 ALR 290 RAHMATULLAH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS S 837 of 2003 SELWAY J 24 DECEMBER 2003 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 837 OF 2003

BETWEEN: RAHMATULLAH

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: SELWAY J

DATE OF ORDER: 24 DECEMBER 2003

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant is to pay the respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 837 OF 2003

BETWEEN: RAHMATULLAH

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS