Fernando v Minister for Immigration and Citizenship (No 4)

[2008] FCA 1218

FEDERAL COURT OF AUSTRALIA

Fernando v Minister for Immigration and Citizenship (No 4) [2008] FCA 1218

WANNAKUWATTEMITIWADUGE LLOYD NIRMALEEN FERNANDO v MINISTER FOR IMMIGRATION AND CITIZENSHIP

WAD 202 OF 2007

SIOPIS J
13 AUGUST 2008
PERTH

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WAD 202 OF 2007

BETWEEN:	WANNAKUWATTEMITIWADUGE LLOYD NIRMALEEN FERNANDO Applicant
AND:	MINISTER FOR IMMIGRATION AND CITIZENSHIP Respondent

JUDGE:	SIOPIS J
DATE OF ORDER:	13 AUGUST 2008
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1.The applicant’s application filed on 15 October 2007 is dismissed.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WAD 202 OF 2007

BETWEEN:	WANNAKUWATTEMITIWADUGE LLOYD NIRMALEEN FERNANDO Applicant
AND:	MINISTER FOR IMMIGRATION AND CITIZENSHIP Respondent

JUDGE:	SIOPIS J
DATE:	13 AUGUST 2008
PLACE:	PERTH

REASONS FOR JUDGMENT

1. This application was commenced by the applicant, Mr Fernando, on 15 October 2007 before Mr John Robert Broderick Ley was appointed by the Court as Mr Fernando’s tutor for the conduct of this proceeding.

2. In this proceeding, as in the appeal proceeding No WAD 103 of 2007 and in application No WAD 111 of 2007, Mr Fernando claims compensation in respect of the three year and three month period during which he says he was unlawfully detained in immigration detention.

3. The same considerations as described in my reasons for decision in Fernando v Minister for Immigration and Citizenship (No 3) [2008] FCA 1217 apply to this case. For the same reasons as are set out in those reasons for decision, I dismiss this application filed on 15 October 2007. I will hear the parties on costs.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Siopis.

Associate:
Dated:           13 August 2008

Counsel for the Applicant:	Dr JL Cameron
Solicitor for the Applicant:	Lavan Legal
Counsel for the Respondent:	Mr JD Allanson SC
Solicitor for the Respondent:	Australian Government Solicitor

Date of Hearing:	6 May 2008
Date of Judgment:	13 August 2008