FEDERAL COURT OF AUSTRALIA

Perez v Minister for Immigration & Multicultural Affairs [2002] FCA 195

GEORGE HECTOR PEREZ v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

N 1332 of 2001

ALLSOP J

SYDNEY

7 MARCH 2002

THE COURT

1.             Presently declines to make an order for the production of the applicant by the Silverwater Metropolitan Regional Remand Centre.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

REASONS FOR JUDGMENT

1                     A request has been made in this matter by the applicant, Mr Perez, for an order directed to those in charge of Silverwater prison to produce him to Court when this matter is called on for hearing on Thursday 14 March 2002.

2                     It is unnecessary to describe in any great detail Mr Perez’s case.  It is sufficient to say that he is now being held in a maximum security facility pending execution of a deportation order.  This state of affairs has obtained for some considerable time.

3                     Mr Perez is a national of Cuba.  He was convicted of a serious criminal offence in this country.  It was an offence involving violence.  On the basis of that conviction the Minister has ordered his deportation.

4                     The difficulty the Minister faces and the difficulty that Mr Perez faces is that the country of his nationality, Cuba, hitherto has not been willing to receive him back.  Thus, Mr Perez has languished in detention for a significant period of time after the conclusion of his sentence.

5                     Mr Perez is represented.  Mr Jackson, of counsel, appears for him.  Mr Jackson informs me that there will be no occasion for Mr Perez to give affidavit or oral evidence.  Mr Jackson also informs me that he does not perceive the likelihood of any need for instructions from Mr Perez on the day of the hearing.

6                     One further matter which should be noted is that Mr Perez has on one occasion escaped or attempted to escape from Long Bay gaol. 

7                     Mr Jackson, on behalf of Mr Perez, put to me that it was important that Mr Perez see the process which was dealing with such an important matter for him.  Mr Jackson submitted that this should outweigh the inconvenience to the Court involved in the necessary security arrangements.

8                     I am fully aware that the matter is of great significance to Mr Perez.  He is presently deprived of his liberty in a foreign country with no end to the detention in sight.  It does not need to be stated that all involved in these proceedings, including the Court, are fully aware of their importance to Mr Perez.  Mr Perez can be assured that the gravity of his position and the importance of the result of the matter to him are considerations of which the Court is fully aware.

9                     Mr Perez has, if I may say so, competent legal representation.  There is no necessity for his participation in the proceedings by way of evidence or instructions.  It is not a matter of mere convenience for the Court or the saving of expense.  The Federal Court facilities are not well designed for the reception, and presence, of maximum security prisoners, beyond occasions on which such presence is essential.  I must take account of the safety of the public.

10                  In these circumstances, and given Mr Perez’s record, in particular the fact that he has on one occasion sought to escape from custody, I do not propose to make any order requiring those in charge of the facility at Silverwater to bring him to Court.

11                  If at any time the matter proceeds in such a way as to make his presence necessary, this decision can be reviewed.

Associate:

Dated:              7 March 2002