Xai v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 421

FEDERAL COURT OF AUSTRALIA

Xai v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 421 ALICE XAI AND OTHERS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N441 OF 2004 TAMBERLIN J SYDNEY 31 MARCH 2004

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N441 OF 2004

BETWEEN: ALICE XAI AND OTHERS

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 31 MARCH 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Leave be granted to file in Court the affidavit of Yu Ying Su sworn 30 March 2004 and the affidavit of Shao Qiong Su sworn 26 March 2004. 2. Yu Ying Su be appointed as tutor for the applicants. 3. Until further order, the applicants be released from immigration detention on the following conditions, with liberty to apply on 12 hours' notice: (a) that the applicants reside with Yu Ying Su at 124 Mulgrave Road, Mulgrave. (b) that Yu Ying Su notify the department of Immigration and Multicultural and Indigenous Affairs within 24 hours of any change of address and contact details for the applicants. (c) that the applicants report once per week to the Department of Immigration and Multicultural and Indigenous Affairs, the details of such reporting to provided by the solicitors for the applicants, or as otherwise agreed between the parties. 4. The directions hearing presently fixed be vacated, and the matter transferred to Tamberlin J's docket. 5. The matter be listed for directions before Tamberlin J at 9:30 on 21 May 2004, with liberty to apply on 24 hours' notice should the parties wish to apply as a result of the decision of the High Court in Singh v Commonwealth of Australia and Anor. THE COURT NOTES THAT: 1. The respondent has made an undertaking that the applicants will not be removed from Australia pending the determination of these proceedings. 2. The reporting referred to in order 2 above could be appropriately done by a weekly telephone report to the Department by the Grandfather, Yu Ying Su. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.