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 INDIGENOUS AFFAIRS

Respondent

_______________________________________________________________

NOTICE OF MOTION

The above-named Applicant will at [time and date] at the Commonwealth Law Courts, [address, city] 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 25^th September 2002 and 4^th October 2002 and filed herein.

DATED

___________________

Solicitors for the Applicant

To: The Respondent

And to: The Australian Government Solicitor