Vaiangina v Commonwealth of Australia [2004] FCA 751

FEDERAL COURT OF AUSTRALIA

Vaiangina v Commonwealth of Australia [2004] FCA 751 VAISIOA VAIANGINA AND INUKAVA VAIANGINA v COMMONWEALTH OF AUSTRALIA AND MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N397 of 2004 JACOBSON J 1 JUNE 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N397 of 2004

BETWEEN: VAISIOA VAIANGINA AND INUKAVA VAIANGINA

APPLICANT

AND: COMMONWEALTH OF AUSTRALIA

FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

SECOND RESPONDENT

JUDGE: JACOBSON

DATE OF ORDER: 1 JUNE 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: (1) The second respondent, whether by herself, her servants or her agents, be restrained pending the determination of this proceeding or further order from causing, directing or permitting the applicants to be taken into immigration detention pursuant to s 189 of the Migration Act 1958 (Cth). (2) Order (1) be subject to the following conditions: a. the applicants reside with Joanne Vaiangina at 11 Shears Way, Minto New South Wales; b. that Joanne Lavinia Vaiangina notify the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) within 24 hours of any change of address and contact details for the applicants. c. that the applicants report by telephone once per week to DIMIA, the details of such reporting to be provided by the solicitors for the respondents to the solicitors for the applicants or as otherwise agreed between the parties. (3) The parties have liberty to apply on 24 hours notice. (4) The costs of and incidental to the Notice of Motion be costs in the cause.

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