WAKX v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1639

FEDERAL COURT OF AUSTRALIA

WAKX v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1639 MIGRATION – detention of an unlawful non-citizen – application for 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 48, 189, 196, 417 Federal Court of Australia Act 1976 (Cth) s 23 Minister for Immigration & Multicultural & Indigenous Affairs v VFAD (2002) 125 FCR 249 approved Minister for Immigration & Multicultural & Indigenous Affairs v Al Masri (2003) 126 FCR 54 applied Preston v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 420 approved WAKX v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W301 OF 2002 LEE J 6 AUGUST 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W301 OF 2002

BETWEEN: WAKX

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: LEE J

DATE OF ORDER: 6 AUGUST 2003

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. On the undertaking of the applicant filed on 15 July 2003 and to be read as referring to the Minute of Conditions attached, and subject to the performance of the conditions in that Minute of Conditions, the applicant is to be released from detention until further order.

2. The costs of the motion to be reserved.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W301 OF 2002

BETWEEN: WAKX

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS