Bizuneh v Minister for Immigration & Multicultural Affairs

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

REASONS FOR JUDGMENT 1 This is an application in substance to release the applicant from detention or to transfer him to another custody where the Department of Immigration and Multicultural Affairs has no control. The circumstances of that application are set out in a statement annexed to the application of some 13 paragraphs and two affidavits: one of 22 December 1999 and the other of 2 February 2000. 2 The solicitor for the respondent submits that there is no jurisdiction to make any of the orders sought and he has handed up an outline of written submissions to that effect. Mr Asuzu for the applicant has been unable to refer me to any basis of jurisdiction which would entitle me to make these orders. Mr Markus for the respondent points out that the application has been before the court on several occasions and that the court should now recognise the lack of jurisdiction and dismiss it before further costs are incurred. That submission is soundly based in view of the very proper concession by Mr Asuzu on behalf of the applicant. 3 I therefore propose to dismiss the application. The respondent seeks costs. I do not think there is anything which can be said as against that as a matter of principle and whether or not it is enforced is a matter of course for the respondent. 4 The order which I make is: (1) that the application is dismissed; (2) that the applicant is to pay the cost to the respondent of today on a directions basis. I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Gyles.

Solicitor for the Respondent: Australian Government Solicitor