A Child (by his next friend, Arthur) v Secretary, Department of Immigration and Citizenship (No 2) [2011] FCA 1519

FEDERAL COURT OF AUSTRALIA

A Child (by his next friend, Arthur) v Secretary, Department of Immigration and Citizenship (No 2) [2011] FCA 1519 Citation: A Child (by his next friend, Arthur) v Secretary, Department of Immigration and Citizenship (No 2) [2011] FCA 1519

Parties: A CHILD BY HIS NEXT FRIEND, SISTER BRIGID (MARIE) ARTHUR v SECRETARY, DEPARTMENT OF IMMIGRATION AND CITIZENSHIP, COMMONWEALTH OF AUSTRALIA AND MINISTER FOR IMMIGRATION AND CITIZENSHIP

File number: SAD 334 of 2011

Judge: MANSFIELD J

Date of judgment: 22 December 2011

Date of hearing: 22 December 2011

Place: Adelaide

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 16

Counsel for the Applicant: M Manetta

Solicitor for the Applicant: Slater & Gordon

Counsel for the Respondents: S Maharaj QC and R Prince

Solicitor for the Respondents: Australian Government Solicitor

IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION SAD 334 of 2011

BETWEEN: A CHILD BY HIS NEXT FRIEND, SISTER BRIGID (MARIE) ARTHUR

Applicant

AND: SECRETARY, DEPARTMENT OF IMMIGRATION AND CITIZENSHIP

First Respondent

COMMONWEALTH OF AUSTRALIA

Second Respondent

MINISTER FOR IMMIGRATION AND CITIZENSHIP

Third Respondent

JUDGE: MANSFIELD J DATE OF ORDER: 22 DECEMBER 2011 WHERE MADE: ADELAIDE

THE COURT ORDERS THAT:

1. The respondents do provide to the solicitors for the applicants forthwith upon its receipt, a copy of any report received by any of them from the psychiatrist who is to examine the applicant tomorrow, that is, 23 December 2011. 2. The Commonwealth, in its role as the entity in charge of the form of immigration detention in which the applicant is placed, do use its best endeavours forthwith to place the applicant in a form of immigration detention in Melbourne in the State of Victoria which provides a supportive residential or family-based environment. 3. There be liberty to any party to apply on short notice to seek further or more specific interlocutory orders or to discharge Order 2 made today. 4. The application is, in any event, adjourned for further directions to 9.00 am on 9 January 2012, including for the giving of directions as to the hearing of the application for final relief, including, if appropriate, for the separation of any issue if it arises, as to the amount of damages. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.