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[2002] FCA 1254
Federal Court of Australia
2002-10-11
Marshall J
Original judgment source is linked above.
REASONS FOR JUDGMENT 1 This application for interlocutory relief was heard at the same time as the application for interlocutory relief in VJAB v Minister for Immigration and Multicultural Affairs [2002] FCA 1253. The reasons for judgment in VJAB should be read together with these reasons for judgment. 2 The factual and legal issues arising in this matter are not materially different to those which arose in VJAB. 3 Important considerations going to the balance of convenience in the instant case are as follows: · the applicant has been detained since March 2001;
· he has developed high blood pressure in detention which has increased since he was moved to the Baxter facility in Port Augusta;
· he consents to the type of reporting conditions which are contained in the schedule to the order in VJAB; · other relevant factors outlined in VJAB which apply to the applicant. 4 Having regard to the views of the Court expressed in VJAB it is appropriate to make a materially identical order to the one made in that matter. Appropriate undertakings were also given to the Court by the applicant, concerning reporting conditions pending the hearing and determination of the substantive application. I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Marshall.
Associate: Dated: 11 October 2002 Counsel for the Applicant: Ms D Mortimer, with Mr C Horan (both appearing pro bono)
Counsel for the Respondent: Mr C Gunst QC, with Mr W S Mosley
Solicitor for the Respondent: Australian Government Solicitor
Date of Hearing: 9 and 11 October 2002
VJAC
Minister for Immigration & Multicultural & Indigenous Affairs