IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY                        

                                                                                                  No.                                 of 2002

 

 

 

BETWEEN                                                        [name/code]                                                                                                                          Applicant

                                                                 

                                                                                            AND

 

 

THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AND MULTICULTURAL AND INDIGENOUS AFFAIRS

                                                                                                                                                                                                                                                                                                  Respondent

 

 

APPLICATION

Application pursuant to section 39B(1) and section 39B(1A) (a) and (c) of the Judiciary Act 1903 (Cth) to seek orders in relation to the removal from Australia of the Applicant and in relation to his unlawful detention.

THE APPLICANT CLAIMS:

A.                 An order, in the nature of habeas corpus, that the Applicant be released from immigration detention.

B.                 An order that the Respondent pay the applicant’s costs.

C.                 Such other orders as the Court thinks fit.

ON THE GROUNDS THAT:

  1. The Applicant is a citizen of [country] who fled persecution in that country and who arrived in Australia on [date] and who made an Application for a protection visa on his arrival in Australia. The Respondent’s delegate refused the Application and that refusal was affirmed by the decision of the Refuge Review Tribunal dated [date] on the basis that the Applicant was able to return to [country] as a safe third country and that Australia accordingly did not owe protection obligations to the Applicant.
  2. The Respondent detained the Applicant on his arrival and thereafter has continued to hold the Applicant in detention and notwithstanding the Tribunal decision and numerous oral requests by the Applicant the Respondent has taken no steps to return the Applicant to Syria or otherwise to remove the Applicant from Australia and that the Applicant is accordingly being held unlawfully.
  3. And on the further grounds as contained in the Affidavit of the Applicant sworn on [date] and filed herein.

AND THE APPLICANT CLAIMS BY WAY OF INTERLOCUTORY RELIEF:

A.                 An order that pending the hearing and determination of the application, the Applicant be released from immigration detention.

DATED:        

                                                                                            ………………………………………

                                                                                            Solicitors for the Applicant

To the Respondent

The Minister for Immigration and Multicultural and Indigenous Affairs

c/- The Australian Government Solicitor

Level 19, 2 The Esplanade

Perth WA 6000

 

If there is no attendance before the Court by you or your Counsel or solicitor at the time and place specified below, the application may be dealt with and you will be liable to suffer judgment or an order against you in your absence.

Before any attendance at that time you must file an appearance in the Registry

 

 

APPOINTMENT FOR DIRECTIONS HEARING

 

Time:    

 

Place:                 Federal Court

                          Level 6, Commonwealth Law Courts

                          1 Victoria Avenue                         

                          Perth WA

 

The applicant's address for service is: