Lewis v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1637

FEDERAL COURT OF AUSTRALIA

Lewis v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1637

MIGRATION –application for certiorari quashing respondent's decision to cancel applicant's visa under s 501 of Migration Act 1958 (Cth) – motion for interlocutory release of applicant pending hearing and determination of application – where serious question to be tried on constitutional grounds – balance of convenience – risk of wrongful deprivation of liberty. Migration Act 1958 (Cth) ss 189, 198, 254, 501(2) Federal Court of Australia Act 1976 (Cth) s 23 Crimes Act 1900 (NSW)s 66C(1) Minister for Immigration & Multicultural & Indigenous Affairs v VFAD (2002) 125 FCR 249 cited Preston v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 420 cited DARREN LEWIS v THE MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS W149 OF 2003

LEE J

1 AUGUST 2003

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W149 OF 2003

BETWEEN: DARREN LEWIS

APPLICANT

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: LEE J

DATE OF ORDER: 1 AUGUST 2003

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The applicant is to be released from detention until further order and subject to compliance with each of the conditions set out below: 1.1 The applicant will reside at 71 Werombi Road, Camden in New South Wales, 2570. 1.2 In the event of any proposed change of address and contact details, the applicant will give 48 hours prior notice in writing to his solicitors, Christie & Strbac, Level 2, 524 Hay Street, Perth, Western Australia 6000 and to Ms Teresa Ling at Australian Government Solicitor, 2 The Esplanade, Perth, Western Australia of his intended address and contact details. 1.3 The applicant will report to the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) at 2-12 Macquarie Street, Parramatta, New South Wales on Tuesdays and Thursdays of each week between the hours of 9.00am and 4.00pm excluding only weekends and public holidays and in addition thereto by telephone on Mondays, Wednesdays and Fridays of each week to Kevin Thompson (telephone number (02) 98934101) or such other named officer or officers at the Parramatta office of DIMIA as may be designated in writing from time to time by the respondent to his solicitors during ordinary working hours excluding only weekends and public holidays. 1.4 The applicant will not leave the Sydney Metropolitan area at any time without first obtaining the written consent of an officer of the respondent. 1.5 The applicant will comply with the parole conditions imposed on him. 1.6 The applicant is to deposit with the District Registrar of the New South Wales District Registry of the Federal Court a bond by way of bank cheque in the sum of $5,000 or otherwise in a form acceptable to the Registrar which may be forfeited to the respondent by order of the Court in the event of any breach by the applicant of the conditions imposed upon him by these orders. 2. The proper place for this proceeding is the New South Wales district registry with the result that the file and papers to be transferred to that registry by the Perth district registrar. 3. The costs of this motion be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.