Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Loketi v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 434
KATRINA IRENE LOKETI v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
N 499 of 2004 LINDGREN J 7 APRIL 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 499 OF 2004
BETWEEN: KATRINA IRENE LOKETI
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: LINDGREN J
DATE OF ORDER: 7 APRIL 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The applicant have leave to be represented by Colin Girdler for the limited purpose of the application for urgent interlocutory relief. 2. The applicant have leave to file in Court originating application, notice of motion and supporting affidavit of the applicant sworn 6 April 2004. 3. The motion be returnable instanter. 4. The motion and the application, in so far as they seek interlocutory relief having the effect of restraining the respondent from removing the applicant from Australia, be dismissed. 5. The costs of the application for interlocutory relief be reserved. 6. The proceeding otherwise be stood over to 9.30 am Wednesday 14 April 2004 for directions. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 499 OF 2004
BETWEEN: KATRINA IRENE LOKETI
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: LINDGREN J
DATE: 7 APRIL 2004
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 Late yesterday, 6 April 2004, Mr Colin Girdler, on behalf of the applicant ('Ms Loketi'), applied to me as Duty Judge for an urgent injunction restraining the respondent Minister ('the Minister') from removing Ms Loketi from Australia. Ms Loketi was (and is) in immigration detention at the Villawood Immigration Detention Centre. The removal was proposed to take place at 3.00 pm this afternoon, that being the scheduled time of departure of the relevant flight.
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