IN THE FEDERAL COURT OF AUSTRALIA
Victoria DISTRICT REGISTRY
No W 285 of 2002
WAIw
Applicant
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
Respondent
Applicant’s Minutes of Orders
COURT: Finkelstein J
DATE: December 2002
WHERE MADE: Melbourne
UPON the applicant by his counsel giving the usual undertaking as to damages,
AND UPON the applicant filing with the Court a written undertaking mutatis mutandis in the form of the Schedule, signed by Helen Lewers and transmitted by facsimile,
THE COURT ORDERS:
1. Until further order, the respondent (whether by himself or by his servants or agents) is restrained from further detaining the applicant under colour of any power in the Migration Act 1958.
2. Upon his release from detention, the applicant shall reside with XXXX of (address), (phone number).
3. The applicant shall not change his place of residence without first:
(1) giving not less than two days’ notice in writing to his solicitors XXXX, and to [NAME at the Australian Government Solicitor, ADDRESS], advising his proposed place of residence, its address and telephone number (if any), and the name of the adult person or persons occupying that place of residence; and
(2) filing with the Court a written undertaking in the form of the Schedule signed by the adult person occupying that place of residence (or, if more than one, by any one of them).
4. In the event that the applicant receives notice in writing from the Australian Government Solicitor or an officer of the Department of Immigration and Multicultural and Indigenous Affairs as to the arrangements made or proposed to be made for his removal from Australia in accordance with s 198 of the Migration Act 1958 (Cth) the applicant shall take all reasonable steps in his power to comply with those arrangements in order to facilitate his removal, and in the event of specific arrangements being made for his removal at a specified time and place he shall if required on reasonable notice submit to the custody of the respondent for that purpose.
5. If the applicant receives a written request from the Australian Government Solicitor or an officer of the DIMIA to do so, the applicant shall promptly complete and submit to any department of the Australian Government any application or applications for travel documents as the respondent reasonably considers may facilitate his removal from Australia in accordance with s 198 of the Migration Act 1958.
6. The applicant shall report to the Department of Immigration & Multicultural & Indigenous Affairs at [PLACE] or at a police station to be agreed between the parties by their solicitors, on a daily basis between the hours of 9:00am to 5:00pm.
7. The applicant shall attend in person any hearing in the Federal Court of Australia or in the High Court of Australia of which he is given reasonable notice in writing by the Australian Government Solicitor provided that, if such attendance is required at a city in which the applicant is not then residing he may so attend by attending the Registry of the Court before which any such application is listed for hearing in the capital city in which he is then residing or nearest to the capital city in which he is then residing, and if he is not then residing in a capital city, provided he is provided by the respondent at the time of notification with reasonable transport and accommodation expenses to travel to such capital city and remain there during any such hearing.
8. The parties have liberty to apply at short notice.
9. Costs are reserved.
Schedule
IN THE FEDERAL COURT OF AUSTRALIA
Victoria DISTRICT REGISTRY
No W 285 of 2002
WAIw
Applicant
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
Respondent
I, [NAME OF OCCUPIER] of [ADDRESS], give undertakings to the Court as follows:
1. I am aware of the existence, content and meaning of the orders made by the Court on [DATE] December 2002.
2. The applicant proposes to commence residing with me at my place of residence at [ADDRESS] on [DATE].
3. If the applicant does not commence to reside with me as proposed, or if at any time he changes his place of residence or otherwise ceases to reside with me, immediately I become aware of the fact, I will communicate it to the respondent’s Department, by telephoning [NAME] on [TELEPHONE NUMBER], or such other officer or officers, on such telephone number or numbers, as the respondent’s Department may stipulate to me in writing from time to time.
DATED:
(signature)
…………………………
[NAME]