Hunt v Minister for Immigration and Border Protection [2017] FCA 1437

FEDERAL COURT OF AUSTRALIA

Hunt v Minister for Immigration and Border Protection [2017] FCA 1437 File number: WAD 432 of 2017

Judge: MCKERRACHER J

Date of judgment: 1 December 2017

Catchwords: PRACTICE AND PROCEDURE – whether a 'bring-up' order enabling the applicant to attend mediation in person should be issued – where applicant detained in an offshore immigration detention centre

Date of hearing: Determined on the papers

Date of last submissions: 16 November 2017

Registry: Western Australia

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 51

Counsel for the Applicant: Dr J L Cameron (Pro Bono)

Counsel for the Respondent: Mr A Gerrard

Solicitor for the Respondent: Australian Government Solicitor

ORDERS WAD 432 of 2017

BETWEEN: LANCE JEREMY VERNON HUNT Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION Respondent

JUDGE: MCKERRACHER J DATE OF ORDER: 1 december 2017

THE COURT ORDERS THAT:

1. The applicant to appear at the mediation before a registrar of this Court remotely from North West Point Immigration Detention Centre on Christmas Island via video-conferencing. 2. Costs reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

MCKERRACHER J:

INTROduction 1 This matter relates to an application for extension of time to lodge an application for judicial review of a decision made by the Minister of Immigration and Border Protection to cancel the applicant's Class TY Subclass Special Category (Temporary) visa. The details of the application do not require consideration at this juncture. 2 Following a case management hearing, at the applicant's request, I made orders for the parties to attend mediation before a registrar of this Court. I did so as it appeared clear that there are matters which could be discussed. The applicant also sought an order that a registrar issue a bring-up order enabling the applicant to attend the mediation in person. He is currently detained in the North West Point Immigration Detention Centre on Christmas Island (Christmas Island IDC). 3 The Minister did not consent to a bring-up order on the basis that such an order would involve a considerable expense to the Minister and in circumstances where the applicant is represented by counsel. Counsel for the Minister did not have an opportunity to seek instructions on that point prior to the case management hearing and sought an opportunity to put evidence on before the Court before such a decision was made. 4 For those reasons, I ordered the parties to file any material in relation to the question of whether a registrar should issue a bring-up order.