Minister for Immigration & Multicultural & Indigenous Affairs v WAKX (No 2) [2005] FCA 948

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural & Indigenous Affairs v WAKX

(No 2) [2005] FCA 948 PRACTICE AND PROCEDURE – interlocutory decision – leave to appeal – substantive application relating to continuing detention under Migration Act 1958 (Cth) – challenge to mode and conditions of detention – interlocutory release order on conditions – motion to discharge order following decisions of High Court in Al-Kateb and Al Khafaji – docket judge refusing listing date for motion pending hearing of substantive application and further administrative application to Minister – application for leave to appeal against refusal to list motion – application for leave to appeal dismissed Migration Act 1958 (Cth)

Al-Kateb v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 208 ALR 124 cited Minister for Immigration and Multicultural and Indigenous Affairs v Al Khafaji (2004) 208 ALR 201 cited Minister for Immigration & Multicultural & Indigenous Affairs v WAKX [2005] FCA 227 cited MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS v WAKX WAD 33 OF 2005 FRENCH J 8 JULY 2005 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD33 OF 2005

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

APPLICANT

AND: WAKX

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 8 JULY 2005

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application for leave to appeal is dismissed. 2. The applicant is to pay the respondent's costs of the application. 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 WAD 33 OF 2005

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS