Fernando (by his tutor, John Ley) v Minister for Immigration and Citizenship (No 9) [2009] FCA 833

FEDERAL COURT OF AUSTRALIA

Fernando (by his tutor, John Ley) v Minister for Immigration and Citizenship (No 9) [2009] FCA 833

PRACTICE AND PROCEDURE – applicant under a mental incapacity seeks damages for false imprisonment and misfeasance in public office in relation to his immigration detention – applicant claims his mental incapacity is attributable to immigration detention – tutor for the applicant is acting pro bono – whether an order should be made excusing the tutor from personal liability in respect of any costs orders made against the applicant in the proceeding. Federal Court Rules O 43 Fernando v Minister for Immigration and Citizenship (No 5) [2008] FCA 1953 Fernando v Minister for Immigration and Citizenship (No 6) [2008] FCA 1954 Fernando v Minister for Immigration and Citizenship (No 7) [2008] FCA 1955 Jaffari v Minister for Immigration and Multicultural Affairs (2001) 113 FCR 10 L v Human Rights and Equal Opportunity Commission (2006) 91 ALD 258 Australia and New Zealand Banking Group Ltd v Moszko Mejer Dzienciol by his guardian ad litem Phillip Dzienciol [2001] WASC 305 (S) SBAH v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 126 FCR 552 WANNAKUWATTEMITIWADUGE LLOYD NIRMALEEN FERNANDO (BY HIS TUTOR, JOHN LEY) v MINISTER FOR IMMIGRATION AND CITIZENSHIP, THE HONOURABLE GARY HARDGRAVE, FORMER ACTING MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS and COMMONWEALTH OF AUSTRALIA

WAD 111 of 2007

SIOPIS J

5 AUGUST 2009

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY

GENERAL DIVISION WAD 111 of 2007

BETWEEN: WANNAKUWATTEMITIWADUGE LLOYD NIRMALEEN FERNANDO (BY HIS TUTOR, JOHN LEY)

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

THE HONOURABLE GARY HARDGRAVE, FORMER ACTING MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS