Eshchenko v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1435

FEDERAL COURT OF AUSTRALIA

Eshchenko v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1435 MIGRATION – Non-disclosure orders under s503B(1) of the Migration Act Migration Act 1958 (Cth) ESHCHENKO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1254 of 2005 ESHCHENKO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1255 of 2005 GRAHAM J 12 OCTOBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1254 OF 2005

BETWEEN: RUSLAN ESHCHENKO

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: GRAHAM J

DATE OF ORDER: 12 OCTOBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. In the event that

(a) a declaration comes into force under section 503A(3) of the Migration Act 1958 (Cth) in respect of the disclosure of specified information ("the information") in specified circumstances to this Court, and

(b) the information is disclosed to the Court then

the information is not to be divulged or communicated to:-

(i) the Applicant in the substantive proceedings;

(ii) the legal representatives of the Applicant in relation to the substantive proceedings or any of them PROVIDED HOWEVER that the information may be divulged or communicated in Court, but not otherwise, to the counsel presently retained for the Applicant or either of them upon such counsel providing to the Court undertakings in the following terms:- "UNDERTAKINGS TO THE COURT I [counsel for the applicant] undertake to the Court that in respect of such information as is the subject of an order under s503B(1) of the Migration Act 1958 (Cth) and a declaration under s503A(3) that may be divulged or communicated to me: 1. I will not make a copy of any documents containing such information nor will I remove any documents containing such information from the Court. 2. I will not divulge or communicate the information or any part thereof to any person either directly or indirectly except the Court or my fellow counsel who has given a like undertaking to the Court and then only in the absence of all other persons. 3. I will not use the information except for the purpose of the Application filed on 26 July 2005 in these proceedings and any appeals resulting therefrom. 4. Save for these proceedings and any appeal from these proceedings, I will not act for or provide advice to the applicant or any person known by me to be associated with the applicant."