Taurino v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1241

FEDERAL COURT OF AUSTRALIA

Taurino v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1241 SEBASTIAN JAMES TAURINO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 880 of 2004 WILCOX J 16 SEPTEMBER 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 880 of 2004

BETWEEN: SEBASTIAN JAMES TAURINO

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT JUDGE: WILCOX J

DATE OF ORDER: 16 SEPTEMBER 2004

WHERE MADE: SYDNEY

THE COURT:

1. Orders that the respondent and all 'officers', within the meaning of s 189 of the Migration Act 1958 (Cth), be restrained, until further order, from taking the applicant into detention pursuant to the said section. 2. Notes that the Court would be disposed to revoke order 1 in the event that the applicant fails to comply with all of the following conditions: (i) upon the applicant's release from Wolston Correctional Centre, the applicant is to reside at 39 Finlay Street, Slacks Creek, in the State of Queensland; (ii) if the applicant proposes to move from that address, he is to notify in writing his solicitors, Mallesons Stephen Jaques (Level 30, Waterfront Place, 1 Eagle Street, Brisbane) and Andras Markus of the Australian Government Solicitor (Level 23, 133 Castlereagh Street, Sydney) of his new address and contact details. Such notice shall be given at least 48 hours in advance of the applicant moving to a new location; and (iii) the applicant is to report to the Department of Immigration and Multicultural and Indigenous Affairs' Brisbane Regional Office (Level 13, 313 Adelaide Street, Brisbane) once a week, on each Monday, between the hours of 9.00am and 5.00pm, or at such other place and in such other manner as the parties by their solicitors may agree. 3. Orders that there be liberty to apply at such notice as may be considered sufficient by a judge of this Court. 4. Orders that the costs of the notice of motion filed today by the applicant be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.