VJAC v Minister for Immigration and Multicultural and Indigenous Affairs

[2002] FCA 1254

FEDERAL COURT OF AUSTRALIA

VJAC v Minister for Immigration & Multicultural & Indigenous Affairs

[2002] FCA 1254

VJAC v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

V 707 OF 2002

MARSHALL J
11 OCTOBER 2002
MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V 707 OF 2002

BETWEEN:	VJAC APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	MARSHALL J
DATE OF ORDER:	11 OCTOBER 2002
WHERE MADE:	MELBOURNE

THE COURT NOTES that the applicant by his counsel has undertaken to the Court:

(a)to submit to such order (if any) as the Court may consider to be just for the payment of compensation, to be assessed by the Court or as it may direct, to any person, whether or not a party, adversely affected by the operation of the interlocutory order or undertaking or any continuation (with or without variation) thereof; and

(b)to pay the compensation referred to in (a) to the person referred to.

THE COURT ALSO NOTES that the applicant has undertaken to the Court that he will:

1.accept release into the care of the Hotham Mission at 2 Elm Street, North Melbourne, in the State of Victoria;

2.reside at [Note: publication of the address at which the applicant undertook to reside has been prohibited by paragraph 2 of the order below];

3.notify the Department of Immigration and Multicultural and Indigenous Affairs of any change of his residential address within twenty-four hours of the date of such change;

4.report on a weekly basis to the Department of Immigration and Multicultural and Indigenous Affairs at Casselden Place, 2 Lonsdale Street, Melbourne;

5.not leave the State of Victoria without permission of an officer in the Compliance Section of the Department of Immigration and Multicultural and Indigenous Affairs; and

6.attend the Federal Court of Australia upon the determination of this proceeding by the Court.

THE COURT ORDERS THAT:

1.Until the hearing and determination of the proceeding or further order, the respondent whether by his servants, agents or howsoever otherwise, be restrained from continuing to detain the applicant in immigration detention under the Migration Act 1958.

2.        There be no publication of the address at which the applicant undertakes to reside.

3.        Liberty to apply on not less than 24 hours written notice to each other party.

4.The respondent pay the applicant’s costs of the application for interlocutory relief.

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

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V 707 OF 2002

BETWEEN:	VJAC APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	MARSHALL J
DATE:	11 OCTOBER 2002
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. This application for interlocutory relief was heard at the same time as the application for interlocutory relief in VJAB v Minister for Immigration and Multicultural Affairs [2002] FCA 1253. The reasons for judgment in VJAB should be read together with these reasons for judgment.

2. The factual and legal issues arising in this matter are not materially different to those which arose in VJAB.

3. Important considerations going to the balance of convenience in the instant case are as follows:

   ·           the applicant has been detained since March 2001;

   ·           he feels as if he is in prison;

   ·           he is depressed;

   ·           he has memory problems;

   ·           he feels hopeless;

   ·           he has had trouble sleeping;

   ·he has developed high blood pressure in detention which has increased since he was moved to the Baxter facility in Port Augusta;

   ·he consents to the type of reporting conditions which are contained in the schedule to the order in VJAB;

   ·           other relevant factors outlined in VJAB which apply to the applicant.

4. Having regard to the views of the Court expressed in VJAB it is appropriate to make a materially identical order to the one made in that matter. Appropriate undertakings were also given to the Court by the applicant, concerning reporting conditions pending the hearing and determination of the substantive application.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Marshall.

Associate:

Dated:            11 October 2002

Counsel for the Applicant:	Ms D Mortimer, with Mr C Horan (both appearing pro bono)
Solicitor for the Applicant:	Holding Redlich
Counsel for the Respondent:	Mr C Gunst QC, with Mr W S Mosley
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	9 and 11 October 2002
Date of Judgment:	11 October 2002