WAKW v Minister For Immigration & Multicultural & Indigenous Affairs [2003] FCA 1638

FEDERAL COURT OF AUSTRALIA

WAKW v Minister For Immigration & Multicultural & Indigenous Affairs [2003] FCA 1638 MIGRATION – detention of an unlawful non-citizen pending removal from Australia – whether interlocutory orders should be granted for release from detention – where no real likelihood or prospect of removal in the reasonably foreseeable future Migration Act 1958 (Cth) ss 189, 196, 196(1)(a), 198, 200, 501(2) Judiciary Act 1903 (Cth) s 39B Federal Court of Australia Act 1976 (Cth) s 23 Minister for Immigration & Multicultural & Indigenous Affairs v VFAD (2002) 125 FCR 249 cited Minister for Immigration & Multicultural & Indigenous Affairs v Al Masri (2003) 126 FCR 54 applied VKAC v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 483 referred to WAKW v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS W131 of 2003

LEE J 27 JUNE 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W131 OF 2003

BETWEEN: WAKW

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: LEE J

DATE OF ORDER: 27 JUNE 2003

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. Subject to the applicant complying with the undertaking filed in court on 27 June 2003; and conditional upon the applicant complying with any conditions, directions or requirements of the parole officer assigned to the applicant and to the applicant presenting himself to the respondent if required to do so for the purpose of effecting his removal from Australia as an unlawful non-citizen; the applicant be released from detention until further order. 2. There be liberty for the respondent to apply on short notice to revoke the order. 3. The directions hearing be adjourned to the 10 October 2003 at 12 noon. 4. Costs be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.