FEDERAL COURT OF AUSTRALIA

Perez v Minister for Immigration & Multicultural Affairs [2002] FCA 450

George Hector Perez v Minister for Immigration & Multicultural Affairs

N 1332 of 2001

ALLSOP J

12 APRIL 2002

SYDNEY

THE COURT ORDERS THAT:

1.              decision of the delegate of the respondent made on 27 August 2001 that the applicant’s current immigration custody pursuant to s 253 of the Migration Act 1958 be maintained be set aside;

2.              subject to order 3 below, remit the matter to the respondent for reconsideration of the request by the applicant that the respondent exercise his power under subs 253(9) of the Migration Act 1958 to order the release of Mr Perez from immigration detention, with the direction that the matter be reconsidered by the respondent, or by a delegate of the respondent different from the person who made the decision on 27 August 2001, with the entitlement or power to consider further evidence or material;

3.              leave be granted to the parties to file submissions, or re-list the matter for any further evidence or argument, concerning the form of the order and the direction, in order 2 above, within 7 days of the date of delivery of reasons for these orders;

4.              the application be otherwise dismissed;

5.              the respondent pay the applicant’s costs;

6.              neither party take any step to have these orders entered until further order; and

7.              pursuant to paragraph 15(1)(a)(iii) or paragraph 5(2)(b) of Order 52 of the Federal Court Rules (whichever may be applicable), the time for filing and serving any notice of appeal or any application for leave to appeal in respect of these orders be extended to a date 21 days from the date of delivery of reasons for these orders.

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