IN
THE FEDERAL COURT OF AUSTRALIA
No. W285 of
2002
BETWEEN WAIW Applicant
AND
THE MINISTER FOR IMMIGRATION AND
MULTICULTURAL AND INDIGENOUS AFFAIRS
Respondent
_______________________________________________________________
NOTICE OF MOTION
The
above-named Applicant will at 9 a.m. on 5 December 2002 at the Commonwealth Law
Courts, 1 Victoria Avenue, Perth move the Court for orders:
a) Subject to the Applicant undertaking to
comply and thereafter complying with the terms of any conditions as to his
place of residence and in reporting to the Respondent that the Court may
require, that 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.
b) Such further and other orders as the
Court deems fit.
On
the grounds:
a)
The
Respondent continues to detain the Applicant at the Baxter Immigration
Detention Facility, Port Augusta in South Australia.
b)
Any
delays in the Hearing or Determination of the Application herein may cause the
Applicant irreparable harm.
c)
It
is in the interests of justice that the Applicant not be held in detention
pending the Hearing of the Application.
d)
And
on the further grounds contained in the Affidavits of the Applicant sworn respectively
on 25th September 2002 and 4th October 2002 and filed
herein.
DATED
7 November 2002
___________________
Solicitors
for the Applicant
To: The Respondent
And
to: The Australian Government Solicitor