Yan Ji v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1635

FEDERAL COURT OF AUSTRALIA

Yan Ji v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1635

MIGRATION – application for certiorari quashing respondent's decision to cancel applicant's short stay business visa – whether interlocutory orders should be granted for release from detention pending determination of application – balance of convenience – risk of wrongful deprivation of liberty – principles for making order by consent setting aside the decision of the respondent to cancel applicant's short stay business visa Corporations Act 2001 Migration Act 1958 (Cth) ss 116(1)(g), 189 476, 481, 486 Migration Regulations 1994 (Cth) sub 2.43(i)(j) Federal Court of Australia Act 1976 (Cth) s 23 Federal Court Rules O 35 r 10

Minister for Immigration and Multicultural and Indigenous Affairs v VFAD (2002) 125 FCR 249 cited Preston v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 420 cited Xiao v Minister for Immigration & Multicultural Affairs (2001) 109 FCR 129 cited Yulianti v Minister for Immigration & Multicultural Affairs [2001] FCA 142 cited Sanchez v Minister for Immigration & Multicultural Affairs [1999] FCA 265 cited Takli v Minister for Immigration & Multicultural Affairs [2000] FCA 1186 cited Khan v Minister for Immigration & Multicultural Affairs [2001] FCA 1674 cited YAN JI v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS W155 OF 2003

LEE J 15 AUGUST 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W155 OF 2003

BETWEEN: YAN JI

APPLICANT

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: LEE J

DATE OF ORDER: 21 JULY 2003

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. Until further order the applicant be released by the respondent from immigration detention, continuation of the order to be subject to compliance by the applicant with the following conditions: 1.1 The applicant is to live at apartment 64, 128 Mounts Bay Road, Perth. 1.2 The applicant is not to leave the Perth metropolitan area until the respondent's decision has either been revoked or redetermined. 1.3 The applicant is to surrender her passport to the respondent. 1.4 The applicant is to report to the office of the respondent at Wellington Street, Perth on Thursday 24 July 2003 and weekly every Thursday thereafter. 2. There be liberty to apply. 3. Costs be reserved.