Fernando v Minister for Immigration and Citizenship [2007] FCA 1203

FEDERAL COURT OF AUSTRALIA

Fernando v Minister for Immigration and Citizenship [2007] FCA 1203

MIGRATION – false imprisonment – detention under the Migration Act 1958 (Cth) – objection to competency – whether Federal Court has original jurisdiction to hear and determine a claim for damages for false imprisonment in respect of a detention under s 189 of the Migration Act 1958 (Cth) Judiciary Act 1903 (Cth) s 39B(1A)(c) Migration Act 1958 (Cth) ss 5, 189, 198, 474, 474(3)(g), 476A, 486A, 501(2) Migration Litigation Reform Act 2005 (Cth) Explanatory Memorandum, Migration Litigation Reform Bill 2005 (Cth) Fernando v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 975 Sales v Minister for Immigration and Multicultural Affairs [2006] FCA 1807 Beyazkilinc v Manager, Baxter Immigration Reception and Processing Centre (2006) 155 FCR 465 Alsalih v Manager, Baxter Immigration Detention Facility (2004) 136 FCR 291 Secretary, Department of Immigration and Multicultural and Indigenous Affairs v Mastipour (2004) 207 ALR 83 Goldie v Commonwealth of Australia (No 2) [2004] FCA 156 Bodruddaza v Minister for Immigration and Multicultural and Indigenous Affairs (2007) 234 ALR 114 WANNAKUWATTEMITIWADUGE LLOYD NIRMALEEN FERNANDO v MINISTER FOR IMMIGRATION AND CITIZENSHIP WAD 111 OF 2007

SIOPIS J

10 august 2007

PERTH IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 111 OF 2007

BETWEEN: WANNAKUWATTEMITIWADUGE LLOYD NIRMALEEN FERNANDO

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

Respondent

JUDGE: SIOPIS J DATE OF ORDER: 10 AUGUST 2007

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The respondent's notice of objection to competency filed 20 June 2007 is dismissed. 2. The respondent is to pay the applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.