Attorney-General for New South Wales v Gallagher [2006] NSWSC 420

New South Wales Supreme Court

CITATION : Attorney-General for New South Wales v Gallagher [2006] NSWSC 420

HEARING DATE(S) : 2 May 2006

JUDGMENT DATE : 2 May 2006

JURISDICTION : Civil

JUDGMENT OF : McClellan CJatCL

CATCHWORDS : INTERIM ORDERS - vacated hearing date - visa cancelled - proceedings to remain on foot

LEGISLATION CITED : Crimes (Serious Sex Offenders) Act 2006

PARTIES : Attorney-General for NSW (Pltf) William John Gallagher (Def)

FILE NUMBER(S) : SC 11638/06

COUNSEL : R Cogswell SC/N L Sharp (Pltf) A Haesler SC/R Burgess (Def)

SOLICITORS : I V Knight Crown Solicitor (Pltf) Legal Aid of NSW (Def)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

McCLELLAN CJ at CL

TUESDAY 2 MAY 2006

11638/06 ATTORNEY GENERAL FOR NEW SOUTH WALES v GALLAGHER

JUDGMENT

1 HIS HONOUR: This matter comes before me this afternoon on the application of the parties. Since I made interim orders on 13 April 2006 the defendant has been advised that the Minister for Immigration and Multicultural Affairs has cancelled his transitional permanent visa and absorbed person visa. The defendant has also been advised that a notice setting out the reasons for the cancellation of his visa will be sent to him shortly.

2 The evidence before me discloses that the defendant acknowledges that his visa has been cancelled, with the consequence that he will no longer be permitted to remain in Australia. He has indicated that he does not intend to challenge that decision and expects to be deported by the Department of Immigration when released by the Department of Corrective Services. He understands that when removed from Australia he will be sent to the United Kingdom, where as I understand it, he is entitled to reside.